16.44 Standards for Specific Land Use

This chapter provides site planning and development standards for land uses that are allowed by Article II (Zoning Districts and Allowable Land Uses) in individual or multiple zoning districts.

(Ord. 182 § 2 (part), 1997)

A. Purpose. The purpose of this chapter is to regulate sexually-oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the city and to establish reasonable and uniform regulations to prevent any deleterious location and concentration of sexually-oriented businesses within the city, thereby reducing or eliminating the adverse secondary effects from sexually-oriented businesses. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually-oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually-oriented materials protected by the first amendment, or to deny access by the distributors and exhibitors of sexually-oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material.

B. Definitions. The following are definitions of specialized terms and phrases used in this chapter. Definitions of general terms and phrases are located in Article VI (Development Code Definitions). Sexually-oriented businesses are those businesses defined as follows:

1. Adult Arcade. An establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image-producing machines, for viewing by five or fewer persons each, are used to show films, motion pictures, videocassettes, slides, or other photographic reproductions that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

2. Adult bookstore, Adult Novelty Store or Adult Video Store. A commercial establishment that has as a significant or substantial portion of its stock-in-trade or a significant or substantial portion of its gross revenues or devotes a significant or substantial portion of its interior business or advertising to the sale, rental, or viewing for any form of consideration, of any one or more of the following:

a. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes, slides, or other visual representations that are characterized by the depiction of description or "specified sexual activities" or "specified anatomical areas";

b. Instruments, devices, or paraphernalia that are designed for use in connection with "specified sexual activities["] ; or

c. An establishment may have other principal business purposes that do not involve the offering for sale, rental, or viewing of materials depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as an adult bookstore, adult novelty store or adult video store. The presences of other business purposes shall not serve to exempt these establishments from being categorized as an adult bookstore, adult novelty store, or adult video store so long as one of its principal business purposes is offering for sale or rental, for some form of consideration, the specified materials that depict or describe "specified anatomical areas" or "specified sexual activities"

3. Adult Cabaret. A nightclub, bar, restaurant "bottle club" or similar commercial establishment, whether or not alcoholic beverages are served, that features any of the following:

• a. Persons who appear nude or in a state of nudity or seminude;

• b. Live performances that are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or

c. Films, motion pictures, videocassettes, slides, or other photographic reproductions that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".

4. Adult Motel. A motel, hotel, or similar commercial establishment that includes any of the following:

a. Public accommodations, for any form of consideration, that provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" and that advertises the availability of sexually-oriented material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio, or television;

b. Sleeping rooms for rent for a period of time less than ten hours; or

• c. Sleeping rooms to subrent for a time period of less than ten hours.

5. Adult motion picture theater. A commercial establishment where films, motion pictures, videocassettes, slides or similar photographic reproductions depicting or describing "specified sexual activities" or "specified anatomical areas" are regularly shown for any form of consideration.

6. Adult Theater. A theater, concert hall, auditorium, or similar commercial establishment that, for any form or consideration, regularly features persons who appear in a state of nudity or live performances that are characterized by exposure of "specified anatomical areas" or by "specified sexual activities."

7. Massage Parlor. A place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body that occurs as a part of or in connection with "specified sexual activities," or where a person providing a treatment, manipulation, or service related thereto, exposes "specified anatomical areas." The definition of sexuallyoriented businesses shall not include the provision of personal services, as that term is defined by Section 16.110.020 of this development code, or the performance of massage in accordance with state law and in compliance with the requirements of Chapter 5.18 of this municipal code and this development code, or the practice of massage in any licensed hospital, or by a licensed hospital, or by a licensed physician, surgeon, chiropractor or osteopath, nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor or osteopath, nor by trainers for any amateur, semiprofessional or professional athlete or athletic team or school athletic program.

8. Sexual, Encounter Establishment. A business or commercial establishment, that as one of its primary business purposes, offers for any form of consideration, a place where two or more persons may congregate, associate, or consort for the purpose of "specified sexual activities" or the exposure of "specified anatomical areas "or activities when one or more of the persons is in a state of nudity or seminude". The definition of sexually-oriented businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.

9. Escort. A person who, for any form of consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

10. Escort Agency. A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.

11. Nude Model Studio. A place where a person, who appears in a state of nudity or displays "specified anatomical areas" is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons.

Employee. A person who works or performs in and/or for a sexually-oriented business, regardless of whether or not said person is paid a salary, wage, or other compensation by the operator of said business. Establishment. The opening or commencement of any sexually-oriented business as a new business or any of the following:

1. The conversion of an existing business, whether or not a sexually-oriented business, to any of the sexuallyoriented businesses defined in this chapter;

2. The addition of any of the sexually-oriented businesses defined in this chapter to any other existing sexuallyoriented business; or

3. The relocation of a sexually-oriented business.

Nudity or State of Nudity. The appearance of human bare buttock, anus, male genitals, female genitals, or the areola or nipple of the female breast, or a state of dress that fails to opaquely and fully cover a human buttocks, anus, male or female genitals, pubic region or areola or nipple of the female breast.

Operator. The owner, permit holder, custodian, manager, operator or person in charge of any permitted or licensed premises.

Public Building. A building owned, leased, or held by the United States, the state, the county, the city, any special district, school district, or any other agency or political subdivision of the state or the United States, which building is used for governmental purposes.

Public Park or Recreation Area. Public land that has been designated for park or recreational activities including, but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, open space, wilderness areas, or similar public land that is under the control, operation or management of the city.

Religious Institution. Any church, synagogue, mosque, temple, or building that is used primarily for religious worship and related religious activities.

School. Any public or private educational facility including, but not limited to child day-care facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges and universities. School includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a school.

Permitted or Licensed Premises. Any premises that requires a license and/or permit and that is classified as a sexually-oriented business.

Permittee and/or Licensee. A person in whose name a permit and/or license to operate a sexually-oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license. Person. An individual, proprietorship, partnership, corporation, association, or other legal entity. Residential District or Use. A single family, duplex, townhouse, multiple family or mobile park or subdivision. Specified Anatomical Areas. Any of the following:

1. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areolae; or

2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. Specified Sexual Activities. Any of the following:

3. The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts;

4. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;

5. Masturbation, actual or simulated;

6. Human genitals in a state of sexual stimulation, arousal, or tumescence; or

7. Excretory functions as part of or in connection with any of the activities set forth in subdivisions 1 through 4 above.

Seminude. A state of dress in which clothing covers no more than the genitals, pubic region, and areolae of the female breasts, as well as portions of the body covered by supporting straps or devices.

Substantial Enlargement of a Sexually-oriented Business. An increase of fifteen (15) percent or more in the floor area occupied by the business as it existed on December 1, 1991.

Transfer of Ownership or Control of a Sexually-oriented Business. Any of the following:

1. The sale, lease or sublease of the business;

2. The transfer of securities that constitute a controlling interest in the business, whether by sale, exchange, or similar means; or

3. The establishment of a trust, gift or other similar legal devise that transfers ownership or control of the

business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership of control.

C. Establishment and Classification of Businesses Regulated. Sexually-oriented businesses shall be allowed only in the GI zoning district subject to the following restrictions.

1. No person shall cause or permit the establishment of a sexually-oriented business within one thousand (1,000) feet of a religious institution, school, boys' club, girls' club, or similar existing youth organization, or public park or public building, or within one thousand (1,000) feet of any property zoned for residential use or within one thousand five hundred (1,500) feet of another sexually-oriented business.

2. Sexually-oriented businesses that meet the locational standards of this chapter shall be allowed in the MU-2, BP and GI zoning districts with conditional use permit approval provided that the business conforms to applicable federal and state standards, all applicable requirements of the municipal code, and all requirements of this development code.

D. Measurement of Distance. Distance between two sexually-oriented businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business.

The distance between a sexually-oriented business and any religious institution, school, boys' club, girls' club, or similar existing youth organization, or public park or public building, or properties zoned for residential use or used for residential purposes shall also be measured in a straight line, without regard to intervening structures or objects from the nearest portion of the building or structure used as part of the premises where sexually-oriented business is conducted, to the nearest property line of the premises of a religious institution, public or private elementary or secondary school, or the nearest boundary of an affected public park, residential district, or residential lot.

E. Exception. A person appearing in a state of nudity is exempt from the requirements of this chapter if the person did so in a modeling class operated:

1. By a proprietary school licensed by the state, a college, junior college or university supported entirely or partly by taxation;

2. By a private college or university that maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation; or

3. In a structure:

• a. That has no sign visible from the exterior of the structure or no other advertising that indicates a nude person is available for viewing; and

• b. Where, in order to participate in a class a student shall enroll at least three days in advance of the class; and

• c. Where no more than one nude model is on the premises at any one time.

• F. Nonconforming Sexually-oriented Businesses.

1. A nonconforming sexually-oriented business shall be allowed to continue for a period not to exceed two years from the effective date of this code unless terminated sooner or voluntarily discontinued for a period of thirty (30) days or more.

2. If two or more sexually-oriented businesses are within one thousand five hundred (1,500) feet of one another and otherwise in an allowed location, the sexually-oriented business that was established first and continually operating at the particular location shall be the conforming use and the later established business(es) shall be nonconforming.

3. A sexually-oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the subsequent approval/development of a church, public or private elementary or secondary school, public park, public building, residential district, or residential lot within one thousand (1,000) feet of the sexually-oriented business. This provision applies only to the renewal of a valid permit and/or license and does not apply when an application for a permit and/or license is submitted after a permit and/or license has expired or has been revoked. (Ord. 565-21, Exhibit B (part), 2021; Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)

A. Purpose. The purpose of this section is to establish standards for businesses engaged in alcoholic beverage sales uses as defined in Section 16.110.020 in order to protect the health, safety, and general welfare of the citizens of the city. This section will establish reasonable and uniform standards to prevent the inappropriate location and/or operation of alcoholic beverage sales uses within the city.

B. Applicability.

1. No person, association, partnership, or corporation shall conduct, establish or advertise any alcoholic beverage sales use in the city of Murrieta without first applying for and obtaining the required permit in accordance with the applicable zoning regulations of Title 16, Article II (Zoning Districts and Allowable Land Uses) and this Section 16.44.030, as identified in Tables 3-12.5 and 3-12.6, subject to the applicable use regulations contained in Sections 16.44.030D and E.

2. The following activities are exempt from the requirements of this section:

a. Any "special event" for which a permit has been issued by the city, provided that the application information for the special event indicates that the sale and/or service of alcoholic beverages will occur.

b. Any social gathering within a private residence or business that is not required to be licensed for alcohol sales or services in accordance with the California Alcoholic Beverage Control Act.

C. Alcoholic Beverage Sales Use Permits.

1. Administrative Alcohol Use Permit. An administrative alcohol use permit shall be granted by the director for alcoholic beverage sales as an accessory use for only those uses provided in Table 3-12.5 below, provided the primary use is otherwise a permitted use in the applicable zone as indicated in Title 16, Article II (Zoning Districts and Allowable Uses). The administrative alcohol use permit shall be issued provided that applicant executes the permit accepting the requirements of the applicable use regulations in Section 16.44.030D and E as conditions of approval.

TABLE 3-12.5

Accessory Alcoholic Beverage Sales Use

Administrative Alcohol Use Permit

Primary Use Applicable Alcohol Sales Use Regulations

TABLE 3-12.5

2. Minor Conditional Use Permit. A minor conditional use permit is required for any alcoholic beverage sales uses identified as "C" in any zoning table provided in Title 16, Article II (Zoning Districts and Allowable Uses) and for the uses indicated in Table 3-12.6. The minor conditional use permit application shall be submitted and reviewed in accordance with this Section 16.04.030 and Chapter 16.52 (Conditional Use Permits). The applicable use regulations of Section 16.44.030, as indicated in Table 3-12.6 shall apply and shall be added as conditions of approval of the minor conditional use permit. No minor conditional use as provided in Table 3-12.6 shall be located within sixhundred (600) feet of a K-12 public or private school within the Civic/Institutional designation.

3. Conditional Use Permit. A conditional use permit approved by the planning commission is required for any use seeking a waiver, exception or substantial modification from one or more of the use regulations in Section 16.44.030D or Section 16.44.030E, or from the six-hundred (600) foot separation requirement of a minor conditional use. In order to allow a deviation from the required six-hundred (600) foot separation requirement, the following supplemental findings are required:

a. The public convenience would be served by the establishment of the proposed use;

b. The proposed use is not anticipated to be the source of nuisance behavior associated with excessive consumption of alcoholic beverages;

c. The proposed use would not be detrimental to the public health, safety, or welfare;

d. The proposed use would not increase the severity of existing law enforcement or public nuisance problems in the surrounding area, and

e. The proposed use is consistent with the objectives, policies, general land uses, and programs of the general plan, and any applicable specific plan.

The conditional use permit application shall be submitted and reviewed in accordance with this Section 16.44.030 and Chapter 16.52 (Conditional Use Permits). The applicable regulations contained in Sections 16.44.030D and E of this chapter shall apply to a conditional use permit except as modified by the commission or council on appeal.

4. Similar Uses. For any request to establish an alcoholic beverage sales use not identified in Table 3-12.5 or Table 3-12.6, a determination shall be made pursuant to Section 16.04.020 (Rules of Interpretation) to determine whether the proposed use may apply for either an administrative or minor conditional use permit or is prohibited under the applicable zoning regulations.

D. Use Regulations Applicable to All Alcohol Beverage Uses. The following use regulations apply to all alcoholic beverage sales uses and shall be in addition to any state law requirements, including those provided in California Business and Professions Code Section 25612.5. If any regulation listed in this Section 16.44.030D is

inconsistent with a regulation set forth in Section 16.44.030E for a specific type of use, the more restrictive provision shall apply.

1. Graffiti. Within forty-eight (48) hours of any graffiti being painted or marked upon the premises or on any adjacent area under the control of the permittee, the permittee shall report the graffiti to the Murrieta Police Department and remove or paint over the graffiti.

2. Ads and Signs. There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages.

3. Displays. There shall be no interior displays of alcoholic beverages or signs which are clearly visible to the exterior. No more than twenty-five percent (25%) of the square footage of each of the windows and clear doors of an off-sale premises facility shall bear advertising or signs of any sort, and all advertising and signage shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises, including the area in which the cash registers are maintained, from the exterior public sidewalk or entrance to the premises.

4. Outdoor Lighting. The permittee shall provide nighttime lighting of the building exterior. The lighting shall be of sufficient illumination so as to enable law enforcement personnel to identify a person.

5. Litter. The permittee shall remove litter from the premises, public sidewalks and parking lots daily, and shall keep the areas swept weekly to prevent debris buildup. Trash cans shall be added and "No Littering" signs shall be posted on the premises.

6. Alcohol Sale Hours. The sale of alcoholic beverages may be permitted only between the hours of 6:00 a.m. and 12:00 midnight each day or as approved through a minor conditional use permit or conditional use permit.

7. Smoking Ordinance. The requirements of Murrieta Municipal Code Chapter 5.23 regarding smoking shall be complied with at all times.

8. State License Conditions. Prior to city approval on any ABC zoning affidavit, the applicant shall submit to the city a signed letter addressed to the ABC stipulating to include the appropriate city of Murrieta conditions in the ABC license.

9. Loitering. Loitering is prohibited on or around the premises. "No Loitering" signs (size and location to be determined by the city) are required.

10. Minimum Employee Age. In compliance with ABC regulations, no person under the age of twenty-one (21) shall be employed as a bartender or cocktail server. No person under the age of eighteen (18) shall serve alcohol within an eating place only if such service is incidental part of overall duties. Within retail stores, employees ages seventeen (17) and younger may sell only if directly supervised by someone at least twenty-one (21), otherwise no person under the age of eighteen (18). Employees within premises that sell alcohol and motor vehicle fuel must be twenty-one (21) for sales between 10:00 p.m. and close.

11. Employee Behavior. No employee or agent shall solicit or accept any alcoholic or non-alcoholic beverage from any customer while on the premises.

12. Open Containers or Drinking Not Allowed. No alcoholic beverages shall be consumed on the premises of an off-sale establishment, and no alcoholic beverages shall be consumed outside the edifice of an on-sale establishment. "No Open Containers" signs (size and location to be determined by the city) are required to be posted if open containers are found by the police department to be a chronic problem.

13. ABC Training. The owner and management of each alcoholic beverage use shall provide ABC approved and/or certified training for all employees who sell or serve alcoholic beverages at the first available opportunity or no later than thirty (30) days from the employee's date of employment.

14. Records. The permittee shall at all times maintain records which reflect separately the gross sale of alcoholic beverages and the gross sales of all other products of the licensed business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the police department within five (5) business days following notice.

E. Supplemental Regulations for Specific Alcohol Sales Uses. In addition to the use regulations applicable to all alcoholic beverage sales uses provided in Section 16.44.030D, the following supplemental regulations shall apply to the specified uses:

1. Bars, Nightclubs, Cabarets, Membership Organizations and Dance Halls. Except as to bars located within, and as part of, a winery, brewery or other beverage production facility:

• a. The sale of alcoholic beverages for consumption off -the premises is strictly prohibited.

• b. No reduced price or no charge alcoholic beverage promotion is permitted after 8:00 p.m. each day.

• c. There shall not be a requirement to purchase a minimum number of drinks in lieu of a cover charge or admission fee.

• d. Hours of operation shall be as set forth in the conditional use permit.

• e. All sound resulting from the business and/or live entertainment activities shall be substantially contained within the building in compliance with city noise regulations.

2. Liquor Stores.

a. Wine shall not be sold with an alcoholic content of greater than fifteen percent (15%) by volume except for "dinner wines" which have been aged two (2) years or more and maintained in packaged bottles.

b. The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around the premises.

c. The sale and delivery of alcoholic beverages shall be made to persons who are within the permitted premises only and not through a pass-out window, or a slide out tray to the exterior of the premises.

d. Beer, malt beverage products, wine coolers, and pre-mixed distilled spirits cocktails (if allowed by ABC license) shall be sold, regardless of container size, only in manufacturer pre-packaged multi-unit quantities.

e. Surveillance cameras and equipment shall be installed to record all purchases and attempted purchases of alcoholic beverages in accordance with the specifications provided by the police department. The equipment shall be able to record a minimum of twenty-four (24) hours of operation. The facility operator shall maintain the recordings for the prior sixty (60) days and make the recordings available to the police department within twenty-four (24) hours upon request. The recordings shall be made available for use in evidence against persons who purchased or attempted to purchase alcoholic beverages as well as for use in court or any administrative proceeding.

3. Convenience Stores and Mini-Marts/Gas Stations.

a. Only beer and wine may be sold, and only for off-site consumption. No sales of distilled spirits or pre-mixed distilled spirit cocktails is permitted.

b. Cold beer or wine shall only be sold from, or displayed in, the main, permanently affixed electrical cooler only.

c. No displays of beer, wine or other alcoholic beverages shall be located within ten (10) feet of any building entrance or check-out counter, unless the display is not physically accessible to customers.

d. Beer, malt beverage products and wine coolers shall be sold, regardless of container size, only in manufacturer pre-packaged multi-unit quantities.

e. Wine shall not be sold with an alcoholic content of greater than fifteen percent (15%) by volume except for "dinner wines" which have been aged two years or more and maintained in packaged bottles.

f. The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around the premises.

g. The sale and delivery of alcoholic beverages shall be made to persons who are within the permitted premises only and not through a pass-out window, or a slide out tray to the exterior of the premises.

h. No advertising for beer, wine or other alcoholic beverage shall be located on gasoline islands; and no lighted advertising for beer, wine, or other alcoholic beverages shall be located on the exterior of buildings or within window areas.

i. The sale of beer and wine shall be incidental to, and in conjunction with, the sale of food, groceries and sundries, and the area (not including storage) devoted to the display and sale of beer and wine shall not exceed ten percent (10%) of the retail floor area.

j. Surveillance cameras and equipment shall be installed to record all purchases and attempted purchases of alcoholic beverages in accordance with the specifications provided by the police department. The equipment shall be able to record a minimum of twenty-four (24) hours of operation. The facility operator shall maintain the recordings for the prior sixty (60) days and make the recordings available to the police department within twenty-four (24) hours upon request. The recordings shall be made available for use in evidence against persons who purchased or attempted to purchase alcoholic beverages as well as for use in court or any administrative proceeding.

k. Signs shall be posted outside the building at or near the motor vehicle fuel servicing area and inside near the cash registers notifying the public that, "All alcoholic beverage transactions are monitored in cooperation with the

Murrieta Police Department." The size, wording and letter style of the advisory sign shall be as determined by the police department.

4. Tasting Facilities. Tasting facilities shall include any beverage production facility or any other alcoholic beverage sales use proposed to provide for alcohol tasting or sampling onsite. The following regulations are in addition to 16.44.030D and any applicable regulations for the primary use in 16.44.030E.

• a. No reduced price or no cost alcoholic beverage tasting promotion shall be allowed after 8:00 p.m. each day.

• b. Customers will be limited to no more than one (1) series of free tasting.

• c. Tasting samples shall be no larger than one (1) ounce.

• d. For breweries and microbreweries, the sale of alcoholic beverages for consumption off the premises is

strictly limited to beverages manufactured onsite.

• e. No person under the age of twenty-one (21) shall be allowed in the sampling or tasting areas.

5. Grocery Stores, Variety Stores, Discount Stores and Drug Stores.

a. The gross floor area of the establishment shall be a minimum of seven thousand (7,000) square feet, and no more than fifteen percent (15%) of the gross floor area shall be used for the storage and display of alcoholic beverages.

• b. No wine shall be sold with an alcoholic content of greater than fifteen percent (15%) by volume except for

• "dinner wines" which have been aged two (2) years or more and maintained in packaged bottles.

• c. The sale of beer or malt beverages in containers larger than sixteen (16) ounces is prohibited.

• d. The sale of miniature-sized distilled spirits is not allowed.

• e. No displays of beer, wine or other alcoholic beverages shall be located within ten (10) feet of any building entrance or check-out counter.

6. Delicatessens. Self-service of alcohol is prohibited; including refrigerated coolers and buckets of drinks in ice available to the customer.

7. Restaurants.

• a. The sale of alcoholic beverages for off-premises consumption is prohibited.

• b. No reduced price or no cost alcoholic beverage promotion shall be allowed after 8:00 p.m. each day.

• c. Self-service of alcohol is prohibited; including refrigerated coolers and buckets of drinks in ice available to the customer.

8. Amusement Centers; Bowling Alleys; Conference Centers; Day Spa/Salon; Hotels and Motels; Movie Theaters and Pool/Billiard Halls.

• a. The sale of alcoholic beverages for off-premises consumption is prohibited.

• b. No reduced price or no cost alcoholic beverage promotion shall be allowed after 8:00 p.m. each day.

• c. There shall not be a requirement to purchase a minimum number of drinks in-lieu of an admission or cover charge.

• d. Self-service of alcohol is prohibited; including refrigerated coolers and buckets of drinks in ice available to the customer.

e. Alcohol sales within a movie theater shall be prohibited unless within a separate controlled section or "box" restricted to patrons aged twenty-one (21) and over.

9. Florist.

a. No wine shall be sold with an alcoholic content of greater than fifteen percent (15%) by volume except for

• "dinner wines" which have been aged two (2) years or more and maintained in packaged bottles.

• b. All alcoholic beverages shall be sold only as part of a gift package, or floral arrangement.

• c. Refrigerated or otherwise chilled alcoholic beverages shall not be sold or maintained on the permitted

premises, except for alcoholic beverages sold in combination with non-alcoholic beverage commodities and packaged

in gift containers requiring refrigeration for the preservation of said commodities.

10. Internet and Mail Order Sales.

• a. The storage, distribution and/or shipping of alcoholic beverages shall only be carried out from a location with a zoning designation that allows such activity.

b. Property zoned for residential use shall not be used for the storage, distribution and/or shipping of alcoholic beverages, but may be used office activities related to the business.

11. Residential Wedding/Event Facilities.

a. The sale of alcohol is permitted during events identified in the approved use permit with an appropriate State Issued Alcoholic Beverage Control license.

F. Public Convenience or Necessity. When required by the ABC regulations, the decision-making authority shall also consider adoption of a finding of public convenience or necessity (PCN). Applications for a finding of PCN shall be made, reviewed and considered in accordance with this Section 16.44.030F.

1. Findings. A determination of public convenience shall be based upon the following findings:

• a. The public convenience would be served by the establishment of the proposed use.

• b. The proposed use is not anticipated to be the source of nuisance behavior associated with excessive consumption of alcoholic beverages.

• c. The proposed use would not be detrimental to the public health, safety, or welfare.

d. The proposed use would not increase the severity of existing law enforcement or public nuisance problems in the surrounding area.

e. The proposed use is consistent with the objectives, policies, general land uses, and programs of the general plan, and any applicable specific plan.

2. Criteria for Consideration. The following criteria shall be considered in making the required findings by Section 16.44.030F.1 above for a PCN:

a. The proximity (within six-hundred (600) feet) to sensitive receptors, such as a K-12 public or private school and/or public park.

b. The nature of the proposed use and its relation to the surrounding community.

c. Any evidence or testimony provided by the city police department (including, but not limited to, site specific neighborhood analysis of calls for service) which indicates that the use would pose a detriment to the immediate neighborhood or continue current law enforcement problems.

G. Suspension/Revocation. Notwithstanding Chapter 16.52, the suspension and revocation procedures of this Section 16.44.030 shall control for any alcohol administrative or conditional use permit. The director or commission may, upon a showing of probable violation of this Section 16.44.030 or the conditions of the alcohol beverage sales use permit, request a hearing before the commission. The director shall cause notice of the hearing to be served on the permit holder by first-class U.S. mail and by posting the subject property (notice of violation). The hearing shall be before the commission within fifteen (15) days of the notice of violation. Notice of the hearing shall be mailed to the permit holder, any party complaining of the violation and to all adjoining residents and property owners.

At the conclusion of the hearing, the commission may suspend, revoke or modify the alcoholic beverage sales use permit in compliance with this chapter, or order the permit remain in good standing. The decision of the commission may be appealed to the council, in compliance with Chapter 16.78. City council's determination following a

suspension or revocation hearing shall be final and conclusive in the matter. In the event a permit is revoked pursuant to the provisions of this Section 16.44.030G, another permit shall not be granted for the subject property within twelve (12) months after the date of such revocation.

H. Appeals. The decision of the review authority shall be considered final unless an appeal is filed in compliance with Chapter 16.78 (Appeals).

(Ord. 544 §§ 11, 12, 2019; Ord. 455 § 1, 2011; Ord. 430-10 § 4, 2010; Ord. 337 § 9, 2005; Ord. 300 § 4, 2004; Ord. 182 § 2 (part), 1997)

The purpose of this section is to ensure that the raising and maintenance of animals does not create an adverse impact on adjacent properties by reason of dust, noise, visual blight, odor, fumes, bright lights or insect infestations.

A. Pre-existing Uses. Any legally established noncommercial and nonconforming animal keeping use that became nonconforming upon adoption of this development code, shall be permitted to continue subject to Chapter 16.32 (Nonconforming Uses, Structures, and Parcels).

B. Existing Lots of Record. Animals may be kept on legally established lots of record that are less than the minimum lot size reference in Table 16.44.040-1 subject to compliance with setback regulations of the underlying zoning district and subject to approval by the director.

C. Permitted Uses. Animal keeping uses allowed in Article II (Zoning Districts and Allowable Land Uses) shall comply with the standards provided in Table 16.44.040-1 below and with all other standards and requirements of this section and with all other applicable ordinances and regulations.

D. Exempt Uses. All permitted kennels shall be ruled exempt from the standards contained in Table 16.44.040-1, Animal Keeping Standards, and all other standards and requirements of this section.

E. Animal Keeping Standards.

1. The following standards shall apply to all animal keeping uses, where allowed within the residential zoning districts:

TABLE 16.44.010-1

ANIMAL KEEPING STANDARDS

a. Setbacks for grazing, arenas, or areas where animals are kept apply to typical corral and fence construction. Barns, sheds, and similar accessory structures shall be subject to the standards and setbacks of the particular zoning district.

TABLE 16.44.040-2

b. Apiaries, for the noncommercial use of occupants of the premises only, shall have all boxes or hives housing bees placed at least four hundred (400) feet from any highway, roads, or streets, any public school, park, property boundary or from any structure used as a dwelling or as a place of business. A water source shall be provided on-site.

c. Offspring born to an allowed animal kept on the site may be kept until the animals are weaned (cats and dogs - four months; large animals - six months; horses - twelve (12) months).

• d. Rabbits shall be kept in an area with a wire mesh floor.

• e. The keeping of animals shall be subject to the waste removal requirements of municipal code Chapter 8.28 and any other applicable laws and ordinances.

f. The keeping of animals shall comply with all local, county, state, and federal regulations including obtaining and maintaining applicable licenses.

2. A conditional use permit is required for the establishment of commercial and noncommercial dog kennels and catteries, dog training schools, small animal shelters, and dog and cat breeding establishments with outside runs subject to the requirements of the county health department and the following provisions:

• a. The minimum parcel size shall be one acre.

• b. Animal runs shall be an adequate size for animals held herein.

• c. Animal runs shall be constructed or coated with non-porous material to discourage the breeding of ticks and other similar pests.

• d. Animal runs and animal holding areas shall have concrete or other durable flooring sloped for proper drainage.

• e. Animal runs shall have adequate enclosures to provide protection from inclement weather.

• f. Animal runs shall be provided with sufficient drains to control drainage and daily washing of the runs.

g. Kennels and catteries shall be serviced by sewer and all excrement produced by the animals shall be properly disposed of on a regular basis so as to control flies and odor, or stored in an enclosed container and disposed of on a regular basis. Existing kennels shall be permitted to remain on a septic system, including expansions to existing facilities. New expansions shall be subject to approval by the Riverside County environmental health department prior to issuance of building permits.

h. New kennels and expansions of existing kennels shall be subject to review and approval by the Riverside County health environmental department prior to the issuance of building permits.

i. Animal runs, exercise areas, or keeping of the kenneled animals for commercial or noncommercial purposes shall not be located within a required setback area.

j. Facilities for dog kennels and catteries, dog training schools, small animal shelters, and dog and cat breeding establishments shall be subject to the setback standards for the underlying district.

3. Animals at Large:

a. The animal control authority, peace officers, or persons employed for animal regulation purposes shall capture animals found at large within the city and shall handle the animals as impounded animals. Any owner or custodian of an animal found at large in the city shall be in violation of this section. An animal is at large whenever it is not on the premises of the owner or custodian of the animal and is unattended.

b. For any impounded animal, except a domesticated dog or cat, all reasonable costs incurred by the city and the animal control authority in connection with the capture and impoundment of the animal shall be the responsibility of the owner of the animal.

4. Chickens:

a. Chickens shall be contained within an enclosure or coop with an enclosed runway and an area providing protection from weather.

b. Enclosure or coop shall be in the rear or side yard and shall be setback ten feet from the rear and side yard property line.

• c. The enclosure or coop shall be maintained in a clean and sanitary condition and free of offensive odors.

• d. The slaughtering of any animal is prohibited in any residential zone.

• e. Roosters are prohibited.

• f. Chickens under the age of 6 months are not counted towards the maximum number of chickens as provided in Table 16.44.040-1.

g. The commercial keeping of chickens in residential zones is prohibited. (Ord. 610-24 § 10, 2024; Ord. 516 § 2, 2016; Ord. 227 § 2 (part), 2000; Ord. 182 § 2 (part), 1997)

This section is intended to preserve the residential character of single-family residential neighborhoods and to further the purposes of the FEHA, the FHAA and the Lanterman Act by, among other things: (1) ensuring that group homes are actually entitled to the special accommodation and/or additional accommodation provided under the Murrieta Municipal Code and not simply skirting the city's boarding house regulations; (2) limiting the secondary impacts of group homes by reducing noise and traffic, preserving safety and providing adequate on street parking; (3) providing an accommodation for the disabled that is reasonable and actually bears some resemblance to the opportunities afforded non-disabled individuals to use and enjoy a dwelling unit in a single-family neighborhood; and (4) to provide comfortable living environments that will enhance the opportunity for the disabled and for recovering addicts to be successful in their programs.

• A. A group home may locate in any single-family zone with a special use permit provided:

1. An application for a group home is submitted to the Director by the owner/operator of the group home. The application shall provide the following:

• a. The name, address, phone number and driver's license number of the owner/operator;

• b. If the applicant and/or operator is a partnership, corporation, firm or association, then the applicant/operator shall provide the additional names and addresses as follows and such persons shall also sign the application:

• (i) Every general partner of the partnership;

• (ii) Every owner with a controlling interest in the corporation; and

• (iii) The person designated by the officers of a corporation as set forth in a resolution of the corporation that is to be designated as the permit holder;

c. The license and permit history of the applicant(s), including whether such applicant(s), in previously operating a similar use in this or another city, county or state under license and/or permit, has had such license and/or permit revoked or suspended, and the reason therefor;

• d. The name, address, phone number and driver's license number of the house manager;

• e. A copy of the group home rules and regulations;

• f. Written intake procedures;

• g. The relapse policy;

• h. An affirmation by the owner/operator that only residents (other than the house manager) who are disabled as defined by state and federal law shall reside at the group home;

• i. Blank copies of all forms that all residents and potential residents are required to complete; and

• j. A fee for the cost of processing of the application as set by resolution of the City Council.

No person shall open a group home or begin employment with a group home until this information has been provided and such persons shall be responsible for updating any of this information to keep it current.

2. The group home has six (6) or fewer occupants, not counting a house manager, but in no event shall have more than seven (7) occupants. If the dwelling unit has a secondary accessory unit, occupants of both units will be combined to determine whether or not the limit of six (6) occupants has been exceeded.

3. The group home shall not be located in an accessory secondary unit unless the primary dwelling unit is used for the same purpose.

4. The group home has a house manager who resides at the group home or any multiple of persons acting as a house manager who are present at the group home on a twenty-four (24) hour basis and who are responsible for the day-to-day operation of the group home.

5. All garage and driveway spaces associated with the dwelling unit shall, at all times, be available for the parking of vehicles.

6. Occupants must not require and operators must not provide "care and supervision" as those terms are defined by California Health and Safety Code § 1503.5 and § 80001(c)(3) of California Code of Regulations Title 22.

7. Integral group home facilities are not permitted. Applicants shall declare, under penalty of perjury, that the group home does not operate as an integral use/facility. Integral facilities include any combination of two (2) or more group homes which may or may not be located on the same or contiguous parcels of land, that are under the control and management of the same owner, operator, management company or licensee or any affiliate of any of them, and are integrated components of one (1) operation. Integral uses include any two (2) or more residential care programs commonly administered by the same owner, operator, management company or licensee, or any affiliate of any of them, in a manner in which participants in two (2) or more care programs participate simultaneously in any care or recovery activity or activities so commonly administered.

8. If the group home operator is not the property owner, written approval from the property owner to operate a group home at the property.

9. The property must be fully in compliance with all building codes, municipal codes and zoning regulations.

10. At least forty-eight (48) hours prior to an occupant's eviction from or involuntary termination of residency in a group home, the operator thereof shall:

• a. Notify the person designated as the occupant's emergency contact or contact of record that the occupant will no longer be a resident at the home;

b. Contact the Riverside County Department of Social Services and/or another entity designated by the city to determine the services available to the occupant, including, but not limited to, alcohol and drug inpatient and outpatient treatment;

c. Notify the city's Community Services Department that an occupant is no longer a resident at the home, and determine the services available therefrom;

d. Provide the information obtained from paragraphs b. and c. of this subsection and any other treatment provider or service to the occupant prior to his or her release on a form provided by the city and obtain the occupant's signed acknowledgment thereon;

e. Provided, however, that if the occupant's behavior results in immediate termination of residency pursuant to rules approved by the city as part of the special use permit for that facility, the operator shall comply with paragraphs a. through d. of this subsection as soon as possible.

11. Prior to an occupant's eviction from or involuntary termination of residency in a group home, the operator thereof shall also:

a. Make available to the occupant transportation to the address listed on the occupant's driver license, stateissued identification card, or the permanent address identified in the occupant's application or referral to the group home;

b. Provided, however, that should the occupant decline transportation to his or her permanent address or otherwise has no permanent address, then the operator shall make available to the occupant transportation to another group home or residential care facility that has agreed to accept the occupant.

12. The group home operator shall maintain records for a period of one (1) year following eviction from or involuntary termination of residency of an occupant that document compliance with subsections (A)(10) and (A)(11) of this section; provided, however, that nothing herein shall require an operator of a group home to violate any provision of state or federal law regarding confidentiality of health care information. The group home operator may not satisfy the obligations set forth in subsection (A)(11) of this section by providing remuneration to the occupant for the cost of transportation.

13. All drivers of vehicles picking up or dropping off persons at a group home shall comply with all applicable provisions of this Code and the Vehicle Code, including, but not limited to, those provisions regulating licensure and parking, standing and stopping.

14. In addition to the regulations outlined above, the following shall also apply to sober living homes:

a. The sober living home is not located within one thousand (1,000) feet, as measured from the closest property lines, of any other sober living home or a state licensed alcoholism or drug abuse recovery or treatment facility in any single-family zone.

b. All occupants, other than the house manager, must be actively participating in legitimate recovery programs, including, but not limited to, Alcoholics Anonymous or Narcotics Anonymous and the sober living home must maintain current records of meeting attendance. Under the sober living home's rules and regulations, refusal to actively participate in such a program shall be cause for eviction.

c. The sober living home's rules and regulations must prohibit the use of any alcohol or any non-prescription drugs at the sober living home or by any recovering addict either on or off site. The sober living home must also have a written policy regarding the possession, use and storage of prescription medications. The facility cannot dispense medications but must make them available to the residents. The possession or use of prescription medications is prohibited except for the person to whom they are prescribed, and in the amounts/dosages prescribed. These rules and regulations shall be posted on site in a common area inside the dwelling unit. Any violation of this rule must be cause for eviction under the sober living home's rules for residency and the violator cannot be re-admitted for at least 90 days. Any second violation of this rule shall result in permanent eviction. Alternatively, the sober living home must have provisions in place to remove the violator from contact with the other residents until the violation is resolved.

d. The number of occupants subject to the sex offender registration requirements of California Penal Code § 290 does not exceed the limit set forth in California Penal Code § 3003.5 and does not violate the distance provisions set forth in California Penal Code § 3003.

e. The sober living home shall have a written visitation policy that shall preclude any visitors who are under the influence of any drug or alcohol.

f. The sober living home shall have a good neighbor policy that shall direct occupants to be considerate of neighbors, including refraining from engaging in excessively loud, profane or obnoxious behavior that would unduly interfere with a neighbor's use and enjoyment of their dwelling unit. The good neighbor policy shall establish a written protocol for the house manager/operator to follow when a neighbor complaint is received.

g. The sober living home shall not provide any of the following services as they are defined by California Code of Regulations Title 9, § 10501(a)(6): detoxification; educational counseling; individual or group counseling sessions; and treatment or recovery planning.

h. An applicant may seek relief from the strict application of this section by submitting an application to the Director setting forth specific reasons as to why accommodation over and above this section is necessary under state and federal laws, pursuant to Chapter 16.73 of this Code.

B. The special use permit shall be issued by the Director as a ministerial matter if the applicant is in compliance or has agreed to comply with subsections (A)(1) through (A)(14) of this section. At least ten (10) days prior to issuing a special use permit, the Director shall cause written notice to be mailed to the owner of record and occupants of all properties within five hundred (500) feet of the location of the group home. Prior to issuance of the special use permit, the Director shall hold a public hearing for the purpose of receiving information regarding compliance with the applicable provisions of subsections A. and B. of this section. The issuance of the special use permit shall be denied upon a determination, and if already issued shall be denied or revoked upon a hearing, by the Director that any of the following circumstances exist:

1. Any owner/operator or staff person has provided materially false or misleading information on the application or omitted any pertinent information;

2. Any owner/operator or staff person has an employment history in which he or she was terminated during the past two (2) years because of physical assault, sexual harassment, embezzlement or theft; falsifying a drug test; and selling or furnishing illegal drugs or alcohol.

3. Any owner/operator or staff person has been convicted of or pleaded nolo contendere, within the last seven (7) to ten (10) years, to any of the following offenses:

a. Any sex offense for which the person is required to register as a sex offender under California Penal Code § 290 (last ten (10) years);

b. Arson offenses—Violations of California Penal Code §§ 451—455 (last seven (7) years);

c. Violent felonies, as defined in California Penal Code § 667.5, which involve doing bodily harm to another person (last ten (10) years); or

• d. The unlawful sale or furnishing of any controlled substances (last seven (7) years).

4. Any owner/operator or staff person is on parole or formal probation supervision on the date of the submittal of the application or at any time thereafter.

5. The owner/operator accepts residents, other than a house manager, who are not disabled as defined by the FHAA and FEHA.

6. A special use permit for a sober living home shall also be denied upon a determination, and if already issued, any transfer shall be denied or revoked, upon a hearing, by the Director that any of the following additional circumstances exist:

• a. Any owner/operator or staff person of a sober living home is a recovering drug or alcohol abuser and upon the date of application or employment has had less than one (1) full year of sobriety.

b. The owner/operator of a sober living home fails to immediately take measures to remove any resident who uses alcohol or illegally uses prescription or non-prescription drugs, or who is not actively participating in a legitimate recovery program from contact with all other sober residents.

c. The sober living home, as measured by the closest property lines, is located within one thousand (1,000) feet of any other sober living home or state licensed alcoholism or drug abuse recovery or treatment facility. If a statelicensed alcoholism or drug abuse recovery or treatment facility moves within one thousand (1,000) feet of an existing sober living home this shall not cause the revocation of the sober living home's permit or be grounds for denying a transfer of such permit.

7. For any other significant and/or repeated violations of this section and/or any other applicable laws and/or regulations, including, but not limited to, failure to comply with the provisions of subsections (A)(10) through (13).

8. Revocation shall not apply to any group home, which otherwise would cause it to be in violation of this section, that has obtained a reasonable accommodation pursuant to Chapter 16.73 of this Code.

C. Compliance.

1. Existing group homes must apply for a special use permit within ninety (90) days of the effective date of this section.

2. Group homes that are in existence upon the effective date of this section shall have six (6) months from the effective date of this section to comply with its provisions, provided that any existing group home, which is serving more than six (6) residents, must first comply with the six (6)-resident maximum. A group home owner and/or operator may, upon written request, be granted extensions of up to a total of six (6) additional months to comply with this section, pursuant to Director approval. Any extensions may be granted only upon a finding that the owner and/or operator has exercised due diligence and taken all reasonable steps to comply with this section. Token or perfunctory actions shall not constitute compliance for purposes of this provision.

3. Existing group homes obligated by a written lease exceeding one year from the effective date of this section, or whose activity involves investment of money in leasehold or improvements such that a longer period is necessary to prevent undue financial hardship, are eligible for up to one (1) additional year's grace period pursuant to Director approval.

(Ord. 624-25 § 1, 2025)

This section establishes standards for the provisions of child day-care facilities, in conformance with state law and in a manner that recognizes the needs of day-care operators and minimizes the effects on surrounding properties. These standards apply in addition to the other provisions of this development code and requirements imposed by the California department of Social Services. Licensing by the department of Social Services is required for child day-care facilities.

A. Definitions. For the purpose of this section, the following definitions shall apply. Additional definitions are contained in Article VI (Definitions):

1. Small Family Day-Care Homes (Eight or fewer Children). Allowed within a single-family or a multi-family

residence located in a residential zoning district, with no city land use permits or clearances required;

2. Large Family Day-Care Homes (Nine to fourteen (14) Children). Allowed within a single-family or multi-

family residence located in a residential zoning district with no city land use permits or clearances required; and

3. Child Day-Care Centers. Allowed in the zoning districts determined by Article II (Zoning Districts and

Allowable Land Uses), subject to conditional use permit approval, in compliance with Chapter 16.52, and the standards in subsection B. (Standards for Child Day-Care Centers) below.

• B. Standards for Child Day-Care Centers.

1. Fire Department Standards. The facility shall contain a fire extinguisher(s), CO detector(s), and smoke

detector device(s) and comply with the standards established by the city fire department, as well as, all applicable state requirements.

2. Health and Safety Standards. Each facility shall be inspected by the city for compliance with any regulations

adopted by the state Fire Marshal concerning health and safety standards which are applicable to care facilities.

3. Noise. In order to protect adjacent residential dwellings from noise impacts, a facility within a residential zoning district may only operate up to fourteen (14) hours for each day between the hours of six a.m. and eight p.m. and may only conduct outdoor activities between the hours of seven a.m. and seven p.m.

4. Off-Street Parking Standards. Each facility shall have the number of parking spaces in compliance with

Chapter 16.34 (Parking and Loading Standards).

5. Separation Standards. A residential parcel shall not be bordered on more than one side by a child day-care

facility and a child day-care facility shall not be legally operated on a parcel within three hundred (300) feet of the parcel subject to the application.

6. Fence or Wall. A six-foot high solid decorative fence or wall shall be constructed on all property lines, except in the front yard or within a traffic safety sight area. Fences or walls shall provide for safety with controlled points of entry in compliance with Chapter 16.22 (Fences, Hedges, and Walls);

7. Indoor Play Areas. The facility shall be provided with indoor play areas in compliance with state requirements.

8. Outdoor Play Areas. The facility shall be provided with outdoor play areas in compliance with state

requirements; and

9. Swimming Pools/Spas. Swimming pools/spas shall meet County and state requirements.

(Ord. 556 § 14, 2020; Ord. 538, Exhibit A (part), 2018; Ord. 182 § 2 (part), 1997)

1. New Construction Standards

• A. Purpose. This section provides standards for the construction of new condominiums as defined by Civil Code

• Section 951(f).

B. Applicability. The provisions of this section shall apply to construction of all new multifamily units that are proposed to be condominiums at the time of construction. A subdivision map shall be submitted and processed concurrently with the required development plan for the multifamily project. The subdivision map shall be in accordance with Civil Code Section 951(f) and Section 16.94 Tentative Maps. In addition to the above requirements these standards shall be applicable for any multifamily project if an application for a tentative map is submitted within one year from occupancy.

C. Application Requirements. An application for a subdivision map in accordance with Section 16.94 shall be submitted along with a development plan in accordance with Section 16.56 with sufficient information to evaluate the project for compliance with the provision of Section 16.44.060.1

D. Standards and Guidelines. This section provides minimum standards and guidelines for the construction of new condominium units. All construction shall comply with the requirements listed below:

1. Architecture Design. All structures shall be subject to the design standards for architecture as contained within Section 16.08.040 of this code.

2. Domestic Facilities. Each dwelling shall be provided with its own laundry and waste disposal facilities, or

alternate group facilities shall be provided that are convenient to all dwelling units.

3. Enclosed Private Storage Area. Each unit shall have a private enclosed storage area that is one hundred (100) cubic feet in size. The storage area shall be exclusive of the required parking area within the garage or the required closet areas for each bedroom.

4. Energy Conservation. The project shall include energy and resource conservation measures, including high efficiency thermal insulation, high efficiency heating and cooling equipment, double glazing, water flow restrictors and other similar conservation techniques.

5. Fire Walls. One-hour rated fire walls shall be provided between units.

6. Fire Suppression. Smoke detectors meeting current building code requirements shall be installed in residential units and other enclosed common areas (e.g., hallways, recreation rooms and utility rooms). Additional fire suppression equipment (e.g., alarm systems, fire extinguishers and sprinklers) shall also be provided as recommended by the fire department.

7. Disabled Facilities. Dwelling units should be equipped and improved to accommodate disabled persons as per

the uniform building code.

8. Landscaping. Open areas shall be landscaped with plant material suitable to the local climate. Landscaped areas shall be watered by a full-coverage, automated irrigation system that is maintained in good working order. All landscaping shall be in accordance with Chapter 16.28 of this code.

9. Open Space, Private. A minimum of one hundred (100) square feet of private open space should be provided for each ground floor unit and a minimum of sixty (60) square feet of private balcony or deck area should be provided for each unit above ground level.

10. Open Space, Common. A minimum of two hundred (200) square feet of common useable open space shall be provided for each dwelling unit. Private patios, balconies, and entryways shall not be considered common open space.

11. Parking. See Section 16.34.040 Table 3-7 Condominiums for parking standards and requirements for each unit.

12. Sound Attenuation. Common walls and ceilings of units shall be constructed using techniques to limit noise transmission as specified by the uniform building code or equivalent. Exterior noise shall be attenuated to forty-five (45) dBA inside the dwelling units.

13. Utility. Each dwelling unit shall be provided with its own utility meters as per the requirements of the servicing agency.

2. Conversion Standards

A. Purpose. This section provides standards for the conversion of multi-family dwelling units to residential condominiums, stock cooperatives, or community apartments.

B. Applicability. The provisions of this section shall apply to conversions of existing multi-family dwelling units to condominiums, stock cooperatives, or community apartments which shall require the approval of a conditional use permit (16.52).

C. Application Requirements. An application for a subdivision map to allow a conversion project in compliance with Chapter 16.100 (Condominium Conversions) shall be accompanied by sufficient information to evaluate the project for compliance with the provisions of this section. Required information shall include:

1. General Conditions Report. A report on general structural conditions, addressing foundation, framing, interior and exterior wall coverings, roof, plumbing, electrical wiring, utility connections, built-in house-hold appliances, heating and cooling systems, and sewer evaluation prepared by an independent state licensed structural engineer, architect or general contractor. The report shall address the condition and expected remaining useful life of each respective item;

2. Pest Report. A pest information report addressing the present condition of the structure as it may be affected by termites, dry rot, roaches, or other insects, and recommending work required to render the structure free of infestation;

3. Acoustical Report. An inter-unit acoustical report, certified by a competent expert acceptable to the director;

4. Plot Plan. A fully detailed plot plan drawn to scale;

5. Relocation Plan. A relocation plan which identifies the steps which will be taken to ensure the successful

relocation of each tenant. The relocation plan shall also state what specific relocation assistance ten-ants will be given, including the cost of moving, first and last months' rent, security and cleaning deposits, and phone connection and utility deposits. Particular consideration shall be given to the elderly, handicapped, families with children and other tenants who may encounter difficulty in finding a new residence;

6. Names of Tenants. A list of the names and addresses of the tenants of the project at the time of the application

and two sets of stamped, addressed envelopes;

• 7 . CC and R's Required. Covenants, conditions and restrictions (CC and R's) shall be submitted for re-view and

• approval by the director and city attorney which shall contain at a minimum:

• a. The formation of a "Community Association" to provide for the maintenance of common areas;

• b. Disclosure of management agreements, maintenance provisions, access for emergency repairs, easements and other similar items;

• c. Allocation of off-street parking spaces for residents and guests; and

• d. Provisions for establishment of a maintenance and operating budget.

8. Other Information. Other information required by the director to provide a thorough evaluation of the

conversion project.

D. Standards and Guidelines. This section provides minimum standards and guidelines for the conversion of multi-family dwelling units to condominiums, stock cooperatives or community apartments. The guidelines are indicated by the word "should" as opposed to the mandatory "shall". Guidelines shall be implemented to the greatest degree possible.

1. Domestic Facilities. Each dwelling shall be provided with its own laundry and waste disposal facilities, or

alternate group facilities shall be provided that are convenient to all dwelling units.

2. Energy Conservation. The project should include energy and resource conservation measures, including high

efficiency thermal insulation, high efficiency heating and cooling equipment, double glazing, water flow restrictors, solar water heating and other similar conservation techniques.

3. Fire Walls. One-hour rated fire walls shall be provided between units.

4. Fire Suppression. Smoke detectors meeting current building code requirements shall be installed in residential units and other enclosed common areas (e.g., hallways, recreation rooms and utility rooms). Additional fire suppression equipment (e.g., alarm systems, fire extinguishers and sprinklers) shall also be provided as recommended by the fire department.

5. Disabled Facilities. Dwelling units should be equipped and improved to accommodate disabled persons as per

the uniform building code.

6. Landscaping. Open areas shall be landscaped with plant material suitable to the local climate. Landscaped

areas shall be watered by a full-coverage, automated irrigation system that is maintained in good working order.

7. Open Space, Private. A minimum of one hundred (100) square feet of private open space should be provided for each ground floor unit and a minimum of fifty (50) square feet of private balcony or deck area should be provided for each unit above ground level.

8. Open Space, Common. A minimum of two hundred (200) square feet of common useable open space should be provided for each dwelling unit. Private patios, balconies, and entryways shall not be considered common open space.

9. Parking. A minimum of two covered off-street parking spaces shall be provided for each dwelling unit unless

modified by the commission. Guest parking should be provided at the rate of one space for each three units.

10. Public Works. Missing or damaged street improvements, including the following, shall be repaired or replaced:

• a. Curb and gutter;

• b. Sidewalks;

• c. Drive aprons;

• d. Street lights; and

• e. Street trees.

Public improvements to be constructed in conjunction with the conversion project and shall be completed prior to final inspection and release by the building department.

11. Sound Attenuation. Common walls and ceilings of units shall be constructed or upgraded using techniques to limit noise transmission as specified by the uniform building code or equivalent. Exterior noise shall be attenuated to forty-five (45) dBA inside the dwelling units.

12. Structural Condition. Structures shall be in sound condition, pest and vermin-free, watertight.

13. Utility. Utility systems shall be in sound, safe, and fully-operable condition. Each dwelling unit shall be provided with its own utility meters.

E. Tenant Relocation/Purchase Provisions. The applicant shall give written notice to tenants ten days prior to the date of public hearings relating to the conditional use permit application for the condominium conversion. Tenants at the time of city approval shall be given a notice of intent to convert at least one hundred twenty (120) days prior to the date of conversion and the right to purchase, exercisable within sixty (60) days in compliance with state law. The applicant shall provide qualified tenants of the development the following minimum benefits.

1. Relocation assistance benefits shall be paid to tenants of the development at the time of city approval of the conversion and who remain as tenants for at least one hundred (120) days thereafter, and to persons who become tenants after city approval and who have not been given written notice by the developer of the intended conversion prior to becoming a tenant. The relocation assistance benefit shall be payable only to tenants who desire to relocate. The relocation assistance benefit shall be determined on a per unit basis, to be shared among the tenants of the unit. The amount of the relocation assistance benefit shall be equal to twice the last month's rent. Rent reduction or waiver may be included for consideration. The minimum amount may be increased from time to time by resolution of the council.

e only to tenants who desire to relocate. The relocation assistance benefit shall be determined on a per unit basis, to be shared among the tenants of the unit. The amount of the relocation assistance benefit shall be equal to twice the last month's rent. Rent reduction or waiver may be included for consideration. The minimum amount may be increased from time to time by resolution of the council.

2. Rents may not be increased following approval of a tentative map or conditional use permit without prior council approval.

3. A percentage or dollar discount shall be offered tenants desiring to purchase their unit together with special financing mechanisms or purchase plans.

4. Provisions for special protection of longer term occupancies or greater cash assistance shall be available to households of the elderly (sixty (60) years of age or older), the disabled, as defined in the United States Code, Title 42, Section 423, or handicapped persons, as defined in the California Health and Safety Code, Section 50072.

5. Provisions shall be made for the following:

• a. Refund of cleaning and security deposits;

• b. Additional cash payments for moving or inconvenience expenses (e.g., time off from work, transportation,

etc.);

• c. Availability of a relocation coordinator;

• d. Directory of available units or other relocation assistance; and

• e. Other provisions necessary to assist tenants in relocation or purchase.

6. Provisions shall be made so that tenants are not unreasonably disturbed during construction, remodeling or sales activity, and except in an emergency, shall be provided at least two days notice prior to requiring access for repair, improvements, inspection or showing to a prospective purchaser or mortgagee. Tenants shall not refuse reasonable access for these purposes.

(Ord. 269 § 2 (part), 2002; Ord. 182 § 2 (part), 1997)

(Ord. 492 Exhibit 11, 2014; Ord. 182 § 2 (part), 1997)

Retail trade or service uses providing drive-in/drive-through facilities shall be designed and operated to effectively mitigate problems of traffic, congestion, excessive pavement, litter, noise and unsightliness.

A. Drive-through aisles shall have a minimum ten-foot interior radius at curves and a minimum twelve- (12-) foot width. Each drive-through entrance/exit shall be at least fifty (50) feet from an intersection of public rights-of-way, measured at the closest intersecting curbs, and at least twenty-five feet from the curb cut on an adjacent property. Each entrance to an aisle and the direction of traffic flow shall be clearly designated by signs/pavement markings.

B. Each drive-through aisle shall be separated by curbing and landscaping from the circulation routes necessary for ingress or egress from the property, or access to a parking space.

C. Pedestrian walkways should not intersect the drive-through drive aisles, but where they do, they shall have clear visibility and be emphasized by enhanced paving or markings.

FIGURE 3-13

DRIVE-THROUGH FACILITY DESIGN

D. The provision of drive-through service facilities shall not justify a reduction in the number of required off-street parking spaces.

E. Drive-through aisles shall provide adequate on-site queuing distance to accommodate six cars (one hundred twenty (120) feet) before the first stopping point (e.g.. menu board, teller window, automatic teller machine). No portion of the queuing aisle shall serve double duty as a parking aisle.

F. Each drive-through aisle shall be appropriately screened with a combination of landscaping, low walls, and/or berms to prevent headlight glare from impacting adjacent streets and parking lots.

G. A six-foot high solid decorative wall shall be constructed on each property line that is adjoining a residentially zoned or occupied parcel. The design of the wall and the proposed construction materials shall be subject to the

approval of the director. (Ord. 182 § 2 (part), 1997)

Gated residential communities shall be developed and maintained in accordance with this section.

A. Required Access. Gated developments shall install and maintain in good working order emergency public safety access consistent with fire and police requirements.

(Ord. 536-18 § 2 (part), 2018; Ord. 332 § 2, 2005)

A. Design Issues. Hotels and motels are quasi-residential uses and should be designed and sited to minimize the effect of noise from Murrieta's two freeways. Although they are quasi-residential, the scale of, and activities associated with hotels and motels often make them problematic neighbors for adjacent residential properties. If a residential interface cannot be avoided, it should be carefully designed to mitigate any potential adverse impacts on existing or future adjacent residents. Because hotel and motel architecture is often thematic, presenting a strong temptation to over design the building's front and to neglect the other sides, it is important to remember that all sides of a building require consistent architectural treatment.

B. Site Planning.

1. The primary presence along the major street frontage shall be the building and driveway approach, not the parking lot.

2. Only a few (no more than five) short term parking spaces shall be provided near the office for check-ins.

3. Exterior corridors on multi-level buildings are strongly discouraged and shall not be located adjacent to residential uses.

4. Delivery and loading areas shall not be located where visible from residential uses.

5. Mechanical equipment of all types, including swimming pool equipment, shall be located to assure that it cannot be heard at any residential property line.

6. Recreational facilities (e.g.. as swimming pools) shall be located where guests can use them in some privacy; they shall not be exposed to public streets to function as advertising.

7. Avoid locating driveway, garage ramps or loading and service areas where they interfere with the flow of pedestrian movement or impact the privacy of guest rooms.

8. Utilize parking lots and other open spaces on the site to help buffer the hotel/motel from any adjacent incompatible uses.

C. Building Design.

1. Noise attenuation techniques shall be included in the design of buildings near major noise generators, (e.g., major streets, freeway). Techniques may include: double paned glass, earthberms, thick tree groves over thirty (30) feet in depth or lowering the grade of the subject building below the roadway elevation. Solid masonry walls over five feet high are not desirable in Murrieta.

2. The scale of buildings shall be related to the surrounding development patterns.

3. Walkway. stairway, and balcony railings and other similar details shall be visually substantial (handrails with a thickness exceeding two and one-half (2½) inches and balusters over two inches thick) and stylistically consistent with the basic building design.

4. Air conditioning units shall not be visible from public streets. Structures over three stories shall avoid exterior exposed air-conditioning units for each room.

5. Guest rooms shall be accessible from hallways within the hotel, not exterior balconies. Avoid room en-trances directly adjacent to parking lots or exterior walkways.

FIGURE 3-15

(Ord. 182 § 2 (part), 1997)

A. Design Issues. For the purpose of this section multiple or mixed use projects are defined as developments that combine both commercial/office and residential uses or structures on a single lot, or as components of a single development. The uses may be combined either vertically within the same structure, or spread horizon-tally on the site in different areas and structures.

The primary design issue related to mixed use projects is the need to successfully balance the requirements of residential uses. (e.g., the need for privacy and security) with the needs of commercial uses for access, visibility, parking, loading, and possibly extended hours of operation.

B. Site Planning.

1. Mixed use projects that provide commercial space on the ground floor with residential units above are encouraged over projects that provide commercial structures on the front portion of the lot with residential uses placed at the rear of the lot. This latter configuration does not meet the intent of a true mixed use project which incorporates vertical integration of uses.

However, a horizontal separation (commercial to the front, residential to the rear) of uses may be appropriate depending on the size of the site and available access.

2. Separate site access drive and parking facilities shall be provided for residential uses and commercial uses in compliance with Chapter 16.34 (Off-street Parking and Loading).

3. If enclosed parking is provided for the entire complex, separate levels shall be provided for residential and commercial uses with separate building entrances.

4. Site access drives shall incorporate distinctive architectural elements and landscape features which help to differentiate access to commercial parking areas from residential areas. Security gates shall be considered for access to residential uses and residential parking areas, as well as to securing commercial parking areas when businesses are closed.

5. When a mixed use project is designed as separate structures on a lot with the commercial uses along the street and residential uses at the rear, a decorative masonry wall with security gates shall separate the uses.

6. Loading areas and refuse storage facilities shall be located as far as possible from residential units and shall be completely screened from view from adjacent residential portions of the project. The location and design of trash enclosures shall account for potential nuisances from odors.

7. Parking lot lighting and security lighting for the commercial uses shall be appropriately shielded so as not to spill over into the residential area. Residential units shall also be shielded from illuminated commercial signing.

8. Open space intended for use by `"residents only"" may not be accessible from commercial areas. Open space and courtyards in commercial areas may be accessible to residential occupants and visitors.

9. When residential and commercial uses are provided in the same structure, separate entrances shall be provided for each use.

C. Building Design.

1. The architectural style and use of materials shall be consistent throughout the entire project. Differences in materials and/or architectural details should only occur on a structure where the intent is to differentiate between the residential scale and character of the structure and the commercial scale and character.

2. The design of storefronts shall be consistent with the design guidelines for commercial development. The residential portion of a mixed use structure shall be consistent with the design guidelines for multi-family residential development.

3. Projects three stories or less in height shall incorporate full roofs on at least fifty (50) percent of the roof area.

4. Structures with heights greater than three stories shall set back upper portions of the structure a minimum of ten feet for each additioual two stories.

5 . All roof mounted equipment shall be screened in compliance with Section 16.18.120 (Screening and Buffering). Special consideration should be given to the location and screening of noise generating equipment (e.g., refrigeration units, air conditioning, and exhaust fans). Noise reducing screens and insulation may be required where equipment has the potential to impact residential uses.

(Ord. 182 § 2 (part), 1997)

A. Design Issues. While office buildings are found on every kind of commercial street, they have functional characteristics that result in physical forms different from other commercial development: intensity of use is lower; buildings are typically 'live' on all four sides; office activities are not limited to the first floor; building perimeters have fewer entries and no display windows and thus have more opportunity for landscaping. Because their use patterns differ significantly from retail commercial, there is more opportunity to site office buildings up toward the street with parking behind. This arrangement is strongly encouraged even where the pattern is not an established one.

B. Site Planning.

1 . Buildings shall be placed at the minimum required front setback. Alternate solutions may be considered that are determined to provide a superior solution to protecting neighboring sensitive land uses or orienting the building toward a freeway frontage to enhance the community image.

2. Multi-story building shall not be placed adjacent to the private open space areas of residential uses. First floor may be adjacent to setback; second and third floors shall be setback an additional foot for each additional foot in height.

3. Office buildings should have the primary entry from the public street with secondary entries from any onsite pedestrian paths or parking areas.

C. Building Design.

1 . Large or long unadorned wall planes shall be avoided. As a general standard, building surfaces over two stories high or fifty (50) feet in length will need to be relieved with a change of vertical and horizontal wall plane that provides strong shadow and visual interest.

2. Clear glass shall be used for ground floor windows where pedestrian traffic is high and there is any potential for retail, food service of other service occupancy.

3. Building entries shall be protected from inclement weather and should afford a 'sense of entry' for the structure.

(Ord. 337 § 2, 2005; Ord. 182 § 2 (part). 1997)

A. Definitions.

1. Electric Vehicle (EV) . An automotive-type of vehicle for on-road use, such as passenger automobiles, buses, trucks, vans, neighborhood electric vehicles, electric motorcycles and the like, primarily powered by an electric motor that draws from a rechargeable storage battery, fuel cell, photovoltaic array or other source of electric current.

2. EV Capable Space . A vehicle space with electrical panel space and load capacity to support a branch circuit and necessary raceways, both underground and/or surface mounted, to support EV charging.

3. EV Ready Space. A vehicle space which is provided with a branch circuit; any necessary raceways, both underground and/or surface mounted; to accommodate EV charging, terminating in a receptacle or a charger.

4. Level 2 EV Supply Equipment (EVSE). The 208/240 Volt 40-ampere branch circuit, and the electric vehicle charging connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for the purpose of transferring energy between the premises and the electric vehicle.

B. Standards.

1. A parking space served by EVSE shall count as at least one standard automobile parking space for the purpose of complying with any applicable minimum parking space requirements as established by the City.

2. An accessible parking space with an access aisle served by EVSE shall count as at least two standard automobile parking spaces for the purpose of complying with any applicable minimum parking space requirements as established by the City.

3. EV Ready and EVSE spaces must be identified by signage or pavement markings that comply with Caltrans requirements.

4. The number of EV Capable spaces and EV Ready spaces will comply with California Green Building Standards Code.

C. Requirements per Development Type.

(Ord. 598-23 § 2, 2023; Ord. 566 § 15, 2020)

This section provides development and operational standards for outdoor uses. including temporary outdoor display and sales (subsection A below), permanent outdoor display and sales (subsection B below) and outdoor dining and seating areas (subsection C below).

• A. Temporary Outdoor Displays and Sales. Temporary outdoor displays and sales may be allowed subject to the

• approval of a temporary use permit, (I 6.70) in compliance with, but not limited to, the following standards:

1. Fixed Period of Time. Provision for a fixed period of time as specified by the permit, or where not specified,

not to exceed one hundred eighty (180) days for a temporary event;

2. Nuisance Factors. Regulation of nuisance factors including, but not limited to, prevention of glare or direct

illumination on adjacent parcels, dirt, dust, gases, heat, noise. odors, smoke, waste and vibration;

3. Operating Hours. Regulation of operating hours and days, including limitation of the duration of the

temporary event, as identified in subsection (A)(1) above;

4. Parking. Provision for adequate temporary parking facilities, pedestrian and vehicular circulation, including

vehicular ingress and egress and public transportation. if applicable, in compliance with Chapter 16.34 (Off-street Parking and Loading Standards);

5. Performance Bond. Submission of a performance bond or other surety measures, satisfactory to the di-rector. to ensure that any temporary facilities or structures used will be removed from the site within a reasonable time following the event, the property will be cleaned of debris, litter or any other evidence of the temporary event upon completion or removal of the event, restored to the former condition and shall continue to be used in compliance with this development code;

6. Sanitary and Medical Facilities. Provision for sanitary and medical facilities, as appropriate:

7. Security. Provision for security and safety measures, if applicable;

8. Setbacks. Appropriate setbacks shall be maintained to ensure adequate separation from adjacent land uses and

a safe environment for pedestrians and vehicles;

9. Signs. Regulation of signs. in compliance with Chapter 16.38 (Signs):

10. Temporary Structures. Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces. including buffer areas and other yards;

11. Waste Collection and Disposal. Provision for solid, hazardous and toxic waste collection, recycling and/or disposal;

12. Other Conditions. Any other conditions which will ensure the operation of the proposed temporary event in an orderly and efficient manner and in full compliance with the purpose/intent of this section.

B. Permanent Outdoor Displays and Sales. The permanent outdoor display/sale of merchandise shall comply with the following standards and shall be subject to the approval of a minor conditional use permit in compliance with Chapter 16.52.

1. Height of Displayed Materials. The outdoor display of merchandise shall not exceed a height of twelve (12) feet above finish grade. Heights greater than twelve (12) feet may be allowed subject to the approval of the director.

2. Location. Outdoor sales areas shall be located entirely on private property. Outdoor sales areas shall not encroach into required setback areas. In zoning districts where no setback area is required. the outdoor sales area shall be set back a minimum of ten feet from adjacent property line(s) unless otherwise allowed by the director.

3. Location of Merchandise. Displayed merchandise shall occupy a fixed, specifically approved and de-fined location that does not disrupt the normal function of the site or its circulation, and does not encroach upon driveways, landscaped areas, parking spaces or pedestrian walkways. Displays shall not obstruct traffic safety sight areas or otherwise create hazards for vehicle or pedestrian traffic:

4. Relationship to Main Use. The outdoor display and sales area shall be directly related to a business occupying

a permanent structure on the subject parcel; and

5. Signs. Additional signs, beyond those normally allowed for the subject use. shall not be provided as a result of

the outdoor display and sales area.

C. Outdoor Dining and Seating Areas. Outdoor dining and seating areas are allowed subject to the Outdoor Seating Design Guidelines on file in the Planning Department offices at City Hall. The application review processes shall be as shown in the table below:

1. Public Property. Outdoor seating is prohibited on public property.

2. Physical Separation Required. When outdoor restaurant seating is directly abutting public property or right-

of-way, a physical separation shall be in place along the boundary. The separation shall be in the form of an approved fence and/or landscaped planter(s) with a minimum height of three (3) feet, but no higher than four (4) feet.

3. Alcoholic Beverage Service. Areas in which alcoholic beverages will be served shall comply with the standards established by the State Department of Alcoholic Beverage Control. In addition, any perimeter fence and/or landscaped planter(s) shall be designed to clearly restrict alcohol from being taken outside the restaurant seating area.

4. Perimeter Barrier Design Compatibility. The physical design of the fence and/or landscaped planter(s) shall

be compatible with the design of the building housing the dining use.

5. Pedestrian and Handicapped Accessibility. Outdoor seating shall comply with standards for pedestrian

circulation and handicapped access.

6. Parking Requirements. Outdoor dining and seating areas with eight (8) or fewer seats shall not be required to provide additional off-street parking. Outdoor seating areas with more than eight (8) seats shall comply with the requirements for off-street parking in Chapter 16.34 of the Development Code. The Director may adjust the parking requirements for outdoor seating areas with twenty (20) or fewer seats when the seating is operated on a seasonal basis.

7. Common Outdoor Seating Areas. Outdoor seating areas that are used in common with several restaurants or tenants within a commercial center shall not be required to provide additional off-street parking for these common outdoor areas unless they exceed four (4) seats per restaurant.

8. Design Compatibility. To ensure compatibility with surrounding uses and a high standard of design quality,

the following standards shall apply:

a. Compatible Elements. Outdoor dining and seating areas and associated structural elements, awnings, covers, furniture, umbrellas or other physical elements which are visible from the public rights-of-way, shall be compatible with the overall design of the primary structure(s) on the premises. No advertising or business identification signs shall be part of an outdoor seating area;

b. Entertainment. Outdoor dining and seating areas that provide dancing, amplified music or entertainment shall require the preparation of a noise analysis and will be required to comply with noise mitigation measures;

c. Sensitive Receptors. Outdoor dining and seating areas and their relation to churches, hospitals, public schools, and residential uses shall be considered by the review authority. Mitigation measures shall be applied to eliminate potential impacts related to glare, light, loitering and noise;

d. Obstructions. Outdoor dining and seating areas shall not obstruct vehicular or pedestrian traffic flow or necessitate the removal of existing pedestrian or vehicular movement areas;

e. Separation Requirements. Outdoor dining and seating areas shall be separated from residential uses, at a minimum distance of two hundred (200) feet, except in mixed-use projects; or when the Director determines that an adequate physical barrier (e.g., street or building) is present to mitigate potentially adverse effects;

f. Setbacks. Outdoor dining and seating areas shall be setback a minimum of five (5) feet from property lines and parking lots; and

g. Waste Receptacles. Waste receptacles shall be provided in outdoor seating areas.

9. Maintenance. All outdoor seating areas shall be kept in good condition, both aesthetically and structurally. (Ord. 412 § 4, 2008; Ord. 182 § 2 (part), 1997)

This section establishes standards for the location. screening, and operation of outdoor storage areas.

A. Outdoor Storage Areas. Where allowed by Article 1I (Zoning Districts and Allowable Land Uses), outdoor storage areas shall be entirely enclosed and screened by a solid fence or wall a minimum of six feet in height in conjunction with landscape screening.

B. Review and Approval Required. Any use proposing outdoor storage or other outdoor business activities shall require a minor conditional use permit pursuant to Chapter 16.52 (Conditional Use Permits) of this title. (Ord. 430-10 § 5, 2010; Ord. 182 §2 (part), 1997)

This section establishes standards and procedures for the siting and operation of various types and sizes of commercial recycling facilities.

A. Permit Requirements. Recycling facilities are subject to permit review/approval in compliance with Article II (Zoning Districts and Allowable Land Uses) provided the following standards are met.

B. Development and Operating Standards. Recycling facilities shall comply with the following standards:

1. Reverse vending Machines. Reverse vending machine(s) shall be allowed in all commercial and

manufacturing zoning districts, subject to compliance with the following standards:

a. Machines shall be installed as an accessory use in compliance with the applicable provisions of this development code, and shall not require additional parking;

b. If located inside of a structure, shall be within thirty (30) feet of the entrance and shall not obstruct pedestrian circulation;

c. If located outside of a structure, shall not occupy required parking spaces, and shall be constructed of durable waterproof and rustproof material(s);

d. Shall not exceed fifty (50) square feet for each installation, including ally protective enclosure, nor eight feet in height;

• e. Shall have a maximum sign area of four square feet for each machine, exclusive of operating instructions;

• f. Shall have operating hours which are consistent with the operating hours of the main use; and

• g. Shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn, in compliance with Section 16.18.100 (Lighting).

2. Small Collection Facilities. Small collection facilities are allowed only in compliance with Article II (Zoning

Districts and Allowable Land Uses) provided the following standards are met.

a. Shall not exceed an area of five hundred (500) square feet nor five parking spaces, not including space that will be periodically needed for the removal of materials or exchange of containers;

b. Shall be set back at least fifteen feet from any public right-of-way, and not obstruct pedestrian or vehicular circulation;

• c. Shall accept only glass, metal or plastic containers, paper, and reusable items;

• d. Shall not use power-driven processing equipment except for reverse vending machines;

• e. Shall use containers that are constructed with durable waterproof and rustproof material(s), secured from unauthorized removal of material, and shall be of a capacity sufficient to accommodate materials collected and the

collection schedule;

• f. Shall not be located within fifty (50) feet of any parcel zoned or occupied for residential use;

• g. Collection containers and site fencing shall be of a color and design to be compatible and harmonious with the surrounding uses and neighborhood;

• h. Signs may be provided as follows:

• 1. Recycling facilities may have identification signs with a maximum area of fifteen (15) percent for each side of the structure or twelve (12) square feet, whichever is greater. In the case of a wheeled facility, the side shall be measured from the ground to the top of the container;
• 2. Signs shall be both compatible and harmonious with the character of their location; and
• 3. Directional signs, consistent with Chapter 16.38 (Signs) and without advertising message, may be installed with the approval of the director if found necessary to facilitate traffic circulation or if the facility is not visible from the public right-of-way.

• i. The facility shall not impair the landscaping required by Chapter 16.28 (Landscaping) for any concurrent use allowed by this development code;

• j. Additional parking spaces shall not be required for customers of a small collection facility located in the established parking lot of the main use. One space shall be provided for the attendant, if needed;

• k. Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present;

1. Use of parking spaces by the facility and by the attendant shall not reduce available parking spaces below

• the minimum number required for the main use unless a parking study shows that existing capacity is not fully utilized during the time the recycling facility will be on the site; and

• m. Shall be subject to landscaping and/or screening as determined through development review.

3. Large Collection Facilities. A collection facility that is larger than five hundred (500) square feet, or on a

separate parcel not accessory to a main use, is allowed in the industrial zoning districts in compliance with Article II (Zoning Districts and Allowable Land Uses) provided the following standards are met.

• a. The facility shall not abut a parcel zoned or occupied for residential use;

• b. The facility shall be screened from public rights-of-way, by solid masonry walls or located within an enclosed structure;

• c. Structure setbacks and landscaping shall be provided as required for the zoning district;

• d. Exterior storage of material shall be in sturdy containers that are secured and maintained in good condition. Storage, excluding truck trailers, shall not be visible above the height of the required screen walls;

• e. The site shall be maintained clean, sanitary and free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis;

f. Containers provided for "after hours" donation of recyclable materials shall be permanently located at least one hundred (100) feet from any residential zoning district, constructed of sturdy, rustproof material(s), have sufficient capacity to accommodate materials collected, and be secured from unauthorized entry or removal of materials; and

• g. Dust, fumes, odor, smoke or vibration, above ambient levels, shall not be detectable on adjoining parcels.

4. Processing Facilities. Processing facilities are allowed in the industrial zoning district subject to a conditional

use permit and compliance with the following standards:

a. The facility shall not abut a parcel zoned or occupied for residential use;

• b. Light processing facilities are limited to baling, briquetting, compacting, crushing, grinding, shred-ding, and sorting of source-separated recyclable materials and repairing of reusable materials;

c. A light processing facility shall not exceed forty-five thousand (45,000) square feet, may have up to an average of two outbound truck shipments of material each day, and shall not bale, compact, or shred ferrous metals

other than beverage and food containers.

A heavy processor may exceed forty-five thousand (45,000) square feet and two outbound truck shipments each day, and may perform those functions not allowed at light processing facilities;

d. Exterior storage of material shall be in sturdy containers or enclosures that are maintained and se-cured in good condition. Outdoor storage shall be from public rights-of-way by solid masonry walls. Storage, excluding truck trailers, shall not be visible above the height of the required screen or walls;

e. Containers provided for "after hours" donation of recyclable materials shall be permanently located at least one hundred (100) feet from any residential zoning district, constructed of sturdy, rustproof material(s), have sufficient capacity to accommodate materials collected, and be secured from unauthorized entry or removal of the materials; and

f. Dust, fumes, odor, smoke or vibration, above ambient levels, shall not be detectable on adjoining parcels.

5. Time Limits. Uses approved in compliance with this section shall have a maximum term established by the permit approval process. Before permit renewal, the director shall consider the permittee' s history of compliance with the established conditions of approval, as well as all applicable provisions of this development code.

C. General Standards. Recycling facilities shall comply with the following standards:

1. Signs. Facilities shall be provided with identification and informational signs that meet the standards of the

applicable zoning district:

a. Collection containers and reverse vending machines shall be clearly marked to identify the type of material which may be deposited, and display a notice stating that discarded material shall not be left outside of the recycling enclosure or machine; and

b. The facility shall be clearly marked to identify the name and telephone number of the operator and the hours of operation.

c. Additional identification and directional signs without an advertising message may be installed with the approval of the director, if necessary to facilitate traffic circulation.

2. Refuse Disposal. The facility shall maintain adequate on-site refuse containers for the disposal of

nonrecyclable and nonhazardous waste materials.

• (Ord. 538, Exhibit A (part), 2018; Ord. 392 § 3, 2007; Ord. 182 § 2 (part), 1997)

This section provides standards for specific residential accessory uses and structures allowed in the zoning district applicable to a parcel. Residential accessory uses include any use that is customarily related to a residence, including, but not limited to, garages, greenhouses, storage sheds, studios, above ground swimming pools/spas and workshops. Accessory structures must obtain development plan approval pursuant to Chapter 16.56 (Development Plan Permits) of this title if a new accessory structure or addition results in an increase of more than one thousand (1,000) square feet, unless otherwise identified in this Section. Accessory dwelling units (ADUs) are separately defined by state law from residential accessory uses and structures. Please see Section 16.44.160 (Accessory Dwelling Units) for definitions, criteria, and processing requirements.

A. General Requirements. Accessory uses and structures are subject to the following standards, except where more restrictive requirements are established by other provisions of this section for specific uses.

1. Relationship of Accessory Use to the Main Use. Accessory uses and structures shall be incidental to and not alter the residential character of the site.

2. Attached Structures. An accessory structure that is attached to a main structure shall be architecturally compatible with, and made structurally a part of the main structure (e.g., share a common wall with the main structure). It shall also comply with the requirements of this development code applicable to the main structure, including but not limited to setbacks, heights, and lot coverage, unless a minor variance is approved. For accessory

structures that propose an ADU component, please refer to Section 16.44.160 and Government Code 65852.2 for criteria with respect to the ADU components of the structure.

3. Detached Structures:

a. Coverage. The floor area of a single detached accessory structure shall not exceed one thousand (1,000) square feet, nor shall the sum of the floor area(s) of the total number of detached accessory structures exceed 40 percent, of the required rear yard of the parcel. A covered patio or barbecue area shall not be construed as an accessory structure for purpose of calculating floor area.

b. Design. Detached accessory structures shall be compatible with the materials and architecture of the main dwelling(s) on the property whenever feasible. For accessory structures that propose an ADU component, please refer to Section 16.44.160.F.2 for the exterior design criteria.

c. Setback Requirements. Setbacks shall be as provided by Table 16.44.150-1 (Required Setbacks— Accessory Uses and Structures). For accessory structures that propose an ADU component, please refer to Section

16.44.160.F.1 for the setback criteria with respect to the ADU component of the structure.

d. Height. The maximum height of an accessory structure shall be in compliance with the height restriction for the zone, and shall not be greater than the height of the primary residence on the lot. An accessory structure proposing an ADU component shall be permitted to exceed the height of the primary residence for the portion of accessory structure containing and for accessing the ADU.

B. Antennas. Antennas are subject to the provisions of Section 16.44.170 (Telecommunications Facilities).

C. Garages. A detached accessory garage shall not be greater than one thousand (1,000) square feet or fifty (50) percent of the square footage of the main dwelling unit, whichever is less, or two thousand (2,000) square feet or fifty (50) percent of the square footage of the main dwelling unit in rural residential zones, whichever is greater. Size deviation may be authorized pursuant to section 16.56.020 (A).

D. Greenhouses. An accessory greenhouse may occupy up to five hundred (500) square feet for each dwelling unit or ten percent of the parcel, whichever is less.

E. Guest Living Quarters. Guest living quarters can be attached or detached for temporary use by guests or family members of the primary residence. Guest living quarters do not include a kitchen or wet-bar and may occupy up to 500 square feet and include restroom facilities.

F. Swimming Pools/Spas/Hot Tubs. Private swimming pools, spas and hot tubs are allowed accessory to approved residential uses on the same parcel, subject to the following provisions:

1. Limitation on Use. The pool is to be used solely by occupants of the dwelling(s) on the same parcel and their guests; and

2. Fencing. The swimming pool shall be secured by fencing and/or walls to prevent uncontrolled access by children, in compliance with the building code.

3. Setbacks. Swimming pool/spa shall maintain the required setback which is measured from water edge to property line for in-ground pool/spa and from the outside edge of the structure to property line for above ground pool/spa, and other above-ground structures such as slides, pool grottos, waterfalls, etc.

G. Tennis and Other Recreational Courts. Noncommercial outdoor tennis courts and courts for other sports (e.g., racquetball, etc.) accessory to a residential use are subject to the following provisions:

1. Fencing: Shall be subject to the height limits of Chapter 16.22 (Fences, Hedges and Walls); and

2. Lighting. Court lighting shall not exceed a maximum height of twenty (20) feet, measured from the court surface. The lighting shall be directed downward, shall only illuminate the court, and shall not illuminate adjacent property, in compliance with Section 16.18.100 (Lighting).

H. Workshops and Studios. Accessory structures intended for engaging in artwork, crafts, light hand manufacturing, mechanical work, etc. are subject to the following standards when located in a residential zoning

district:

1. Limitation on Use: An accessory structure may be constructed or used as a studio or workshop in any

residential zoning district for the following noncommercial activities:

• a. Amusements or hobbies;

• b. Artistic endeavors (e.g., painting, photography or sculpture);

• c. Maintenance of the main structure or yards;

• d. Maintenance or mechanical work on vehicles owned or operated by the occupants; or

• e. Other similar purposes. Use of an accessory workshop for commercial activity shall be subject to the standards for home occupations, in compliance with Chapter 16.60; and

2. Floor Area. A workshop shall not occupy an area larger than one thousand (1,000) square feet, except where a

workshop is combined with a garage. In this case subsection C (Garages), above, shall apply.

I. Rooming and Boarding House. A rooming and boarding house as defined in Chapter 16.110 of this title, may be established only upon approval of a conditional use permit for six (6) or fewer occupants, and shall be prohibited for more than six (6) occupants subject to the following standards (Short-Term Vacation Rentals that are regulated separately fall outside of this criteria. See Chapter 5.27 (Short-Term Vacation Rentals) of the Murrieta Municipal Code for further criteria on these uses):

1. Filing Requirements. In addition to the regular application information, the application for a conditional use

permit for a rooming and boarding house shall include the following information:

• a. Any proposed restrictions or limitations on the resident profile, such as men only, women only, families with children, elderly or special needs;

• b. The number of rooms to be used for sleeping purposes, and the maximum number of residents including onsite management staff, if any; and

• c. Any proposed limitations on the maximum stay for each resident.

2. Site Location Criteria. In evaluating a proposed rooming and boarding house the following criteria shall be

considered:

• a. Compatibility of the proposed use with neighboring uses;

• b. Whether the use will result in harm to the health, safety or general welfare of the surrounding neighborhood, and substantial adverse impacts on adjoining properties or land uses will not result;

• c. The proximity of the use to shopping and services, and access to public transportation; and

d. To avoid an over-concentration of rooming and boarding houses there shall be a minimum separation requirement of five hundred (500) feet, measured from the nearest outside building walls, between the subject use and any other rooming and boarding home or other group housing as defined in this title or in state law.

3. Development Standards. Any rooming and boarding house shall comply with the following:

• a. Structures and landscaping shall be compatible with the character of the surrounding neighborhood;

• b. Sufficient on-site parking shall be provided (the precise number of parking spaces required will be determined by the approving authority based on the operating characteristics of the specific proposal);

• c. Both indoor and outdoor open areas shall be provided on site;

• d. All setback standards of the underlying zone shall be met; and

• e. Signs as permitted in Chapter 16.38.

4. Notification. Notification of the conditional use permit public hearing shall be done in accordance with

Chapter 16.52 of this title.

5. Existing Facilities. Upon the expiration of any conditional use permit, an existing rooming and boarding

house or sober living home must comply with the requirements of this section.

6. Changes to Operation. Any change in operating conditions from what was originally approved and imposed by the city, including, but not limited to, the number of occupants or residents, or any modifications to the conditions of approval pursuant to the required conditional use permit, shall require the immediate submittal of a request for revision of the required conditional use permit.

J. Parolee-Probationer Home. A parolee-probationer home, as defined in Chapter 16.110 of this title, may be established only upon approval of a conditional use permit for six (6) or fewer occupants, and shall be prohibited for more than six (6) occupants subject to the following standards.

1. Filing Requirements. In addition to the regular application information, the application for a conditional use

permit for a parolee-probationer home shall include the following information:

• a. Client profile (the subgroup of the population the facility is intended to serve);

• b. Maximum number of occupants, including support staff;

• c. Proposed maximum stay for each parolee-probationer;

• d. A description of support services to be provided on-site and projected staffing level, if any;

• e. Site plan and floor plans; and

• f. Rules of conduct and business management plan.

2. Site Location Criteria. In evaluating a proposed parolee-probationer home, the following criteria shall be

considered:

• a. Compatibility of the proposed use with neighboring uses;

• b. Whether establishment of the facility will not result in harm to the health, safety or general welfare of the

surrounding neighborhood, and substantial adverse impacts on adjoining properties or land uses will not result;

• c. Facility shall be located along or near a collector or arterial street with reasonable access to public transportation;

• d. Facility shall be accessible to necessary support services;

e. To avoid an over-concentration of parolee-probationer homes, there shall be a one thousand (1,000) foot separation requirement as measured from the nearest outside building walls between the subject use and any other parolee-probationer home or other group housing as defined in this title or in state law;

f. To avoid an over-concentration of group housing facilities, there shall be a one thousand (1,000) foot separation requirement as measured from the nearest outside building walls between the subject use and any other group housing set forth in this subsection; and

g. That parolee-probationer homes shall not be located within one thousand (1,000) feet of a public or private school (pre-school through twelfth (12th) grade), student housing, senior housing, child care facilities, public parks and trails, or businesses licensed for on- or off-site sales of alcoholic beverages, as measured from any point on the outside walls of the parolee-probationer home to the nearest property line of the noted use.

3. Development Standards. Any parolee-probationer home shall comply with the following:

• a. Facility shall be compatible with the character of the surrounding neighborhood;

• b. Sufficient on-site parking shall be provided (the precise number of parking spaces required will be

• determined by the approving authority based on the operating characteristics of the specific proposal);

• c. Both indoor and outdoor open areas shall be provided on-site;

• d. All setback standards of the underlying zone shall be met;

• e. Signs as permitted in Chapter 16.38;

• f. On-site staff supervision shall be required for parolee-probationer homes during all hours of operation;

• g. Individual client stays at parolee-probationer homes shall not exceed one hundred eighty (180) days; and

• h. The facility's management shall participate in any formal residential crime prevention program (i.e., Crime Free Multi-Housing Program) provided by the city and as required under the conditional use permit and, if the

program offers certification, then that certification shall be obtained and maintained in current status.

4. Notification. Notification of the conditional use permit public hearing shall be done in accordance with

Chapter 16.52 of this title.

5. Existing Facilities.

a. Upon the expiration of any conditional use permit, an existing parolee-probationer home must comply with the requirements of this Section 16.44.150.J.

b. An existing parolee-probationer home established pursuant to any conditional use permit discontinued for any period of time, excluding a maximum thirty- (30-) day closure required to perform necessary repair or restoration which does not increase the square footage of the residence, is deemed abandoned and any subsequent establishment of a parolee-probationer home on the premises shall be required to first obtain a new conditional use permit.

6. Changes to Operation. Any change in operating conditions from what was originally approved and imposed by the city, including, but not limited to, the number of occupants, residents or parolees-probationers, or modifications to the conditions of approval pursuant to the required conditional use permit shall require the immediate submittal of a request for revision of the required conditional use permit.

K. Cargo Containers As An Accessory Structure. The purpose of this section is to allow cargo containers to be placed on private property in a permanent manner that is safe and secure, will not create adverse impacts to either the property on which they are located or to the immediate residential neighborhood and will not become a nuisance to the community.

1. Permanent use.

a. It shall be limited to one (1) cargo container for parcels between one (1) and two (2) acres. One (1) additional container may be proposed for parcels greater than two (2) acres.

b. The permanent placement of a cargo container shall be limited to the Rural Residential (RR) and Estate Residential 1 (ER-1) zones that are greater than one (1) acre or more.

• c. The approval shall be specific to a location and shall not be transferable to other locations or property.

• d. It shall meet all requirements as set forth in the California Building and Fire Code(s).

• e. It shall be limited to a “storage occupancy” as categorized under the California Building and Fire Code(s).

• f. It shall be accessory to the primary use of the property for the storage of nonflammable, noncombustible, nonhazardous materials and supplies.

g. The cargo container shall be modified in such a manner to match the main residential structure in terms of exterior colors, trim, and roofing style. On larger parcels, over two (2) acres or more, the modifications shall be limited to the paint color of the exterior in terms of matching the main residential structure.

• h. Structure setbacks shall be provided as noted in Table 16.44.150-1.

• i. It shall comply with and height and lot coverage thresholds as defined within Rural Residential (RR) and the Estate Residential 1 (ER-1) zones.

• j. Landscape screening methods shall be provided on-site for the portions of the container visible from the public right-of-way to the satisfaction of the Development Services Director or their designee.

k. Existing cargo containers at existing residential properties can remain in place 18 months from the effective date of Ordinance___.

TABLE 16.44.150-1

REQUIRED SETBACKS—ACCESSORY USES AND STRUCTURES

Notes:

(1) Where a parcel is situated so that the front, side, or rear property lines are not readily determinable, required setbacks shall be established by the director.

• (2) A structure, projection or equipment shall not be placed or occur beyond the setbacks as identified in Table 16.44.150-1.

(3) Building permits are not required for accessory structures one hundred twenty (120) square feet or less in area and twelve (12) feet or less in height. However, if a structure is proposing plumbing, electrical, or mechanical components, a building permit is required.

• (4) Existing single family detached lots with lot widths less than required by the zone may utilize a reduced setback equal to ten percent (10%) of the lot width but in no case closer than three (3) feet.

(5) Small structures that are less than six (6) feet in height and do not extend above an adjoining solid fence or wall is exempt from setback requirements.

(6) Limited to Rural Residential (RR) and Estate Residential (ER-1) Zones with a minimum of a one (1) acre parcel area. Shipping containers, anchored in conformance with California Building Code Section 3115 and Chapter 16, shall not be subject to any building separation requirements otherwise required by the Development Code.

(Ord. 624-25 § 2, 2025; Ord. 610-24 § 11, 2024; Ord. 574-22, Exhibit B-3 (part), 2022; Ord. 561-20, Exhibit B (part), 2020; Ord. 544 §§ 13-16, 2019; Ord. 441-10, §§ 1, 2 (part), 2010; Ord. 430-10 § 6, 2010; Ord. 382 § 6, 2007; Ord. 343 § 2, 2005; Ord. 215 § 2 (part), 2000; Ord. 202 § 2, 1999; Ord. 182 § 2 (part), 1997)

A. Purpose. This section provides standards for the establishment of accessory dwelling units. Pursuant to Government Code 66323 local governments have the authority to adopt regulations designed to promote accessory units. An accessory dwelling unit which conforms to the requirements of this Section 16.44.160 shall not be considered to exceed the allowable density for the lot upon which it is located and shall be deemed to be a residential unit, which is consistent with the General Plan and zoning classification for the lot.

B. Definitions. The following are definitions of specialized terms and phrases used in this chapter. Definitions of general terms and phrases are located in Article VI (Development Code Definitions).

1. Accessory Dwelling Unit (ADU). Refer to Government Code Section 66313 for definition.

2. Junior Accessory Dwelling Unit (JADU) shall have the same meaning as defined in Government Code Section 66313.

3. Public Transit means, including but limited, a fixed-route service open to the public at large and includes transit stations, bus stations, and bus stops, as operated by the Riverside Transit Agency or another fixed route service as adopted by City Council resolution as it pertains to Chapter 16.44.160 of this title.

C. Standard of Review. ADU and JADU applications shall be considered a ministerial action without discretionary review or a public hearing if all requirements of this Section 16.44.160 are met, notwithstanding any other requirements of state law or this development code.

D. Number of Accessory Dwelling Units and Junior Accessory Dwelling Units Allowed. The number of accessory dwelling unit(s) and junior accessory dwelling unit(s) on a parcel shall be allowed pursuant to State Law as applicable to single-family, multi-family, and mixed-zoned parcels:

1. At a residential parcel with an existing or proposed single-family dwelling: one ADU and one JADU shall be permitted. An ADU may be combined with a JADU unit within a single-family residence pursuant to the requirements of Government Code Section 66323.

2. At a parcel with an existing multi-family dwelling, two detached ADUs shall be permitted pursuant to Government Code Section 66323. Additionally, one ADU and 25 percent of the number of existing units within the multi-family building may be counted towards the conversion requirements of Government Code Section 66323. E. Site Requirements. A parcel proposed for an accessory dwelling unit shall comply with all the following requirements:

3. The parcel shall allow for setbacks for an ADU or JADU consistent with Government Code Section 66323.

4. Occupancy requirements of the ADU and JADU shall be consistent with the provisions of Government Code Section 66315. For a JADU , a covenant shall be recorded in the Riverside County clerk's office against the title declaring that the property owner must occupy either the primary residence or the JADU consistent with the provisions of Government Code Section 66333.

5. An ADU may only be sold in limited situations pursuant to Government Code Section(s) 66340 and 66341.

6. A covenant shall be recorded in the Riverside County clerk's office against the title of the parcel declaring that the ADU(s) and/or JADU shall not be used for short term rentals less than 30 days.

• F. Design Standards. An ADU and JADU shall meet the following:

1. Size and Setback Restrictions:

a. A JADU shall be reflective of the setback and square footage provisions consistent with Government Code Section(s) 66313 and 66323.

b. An attached or detached ADU shall be reflective of the setback and square footage provisions consistent with Government Code Section 66323.

c. If the ADU and/or JADU unit is proposed within the parameters of an existing or proposed single-family dwelling, any proposed expansion shall be consistent with the requirements of Government Code Section 66323. If the ADU is proposed within the parameters of an existing accessory structure, any proposed expansion shall be consistent with the requirements of Government Code Section 66323. ADU and JADU types are also required to meet fire and safety standards per Government Code Section 66323(a)(1)(C).

2. Architecture and Standards:

a. At single-family locations the exterior roofing, trim, walls, windows and the color palette of the ADU or JADU shall incorporate the same features as the main dwelling unit;

b. At multi-family locations, the exterior roofing, trim, walls, windows and the color palette of the ADU addition shall incorporate the same features as the existing building that the ADU would be provided within. For detached ADUs , it shall be reflective of the nearest building as measured from the wall of the existing building to the nearest wall of the proposed unit.

c. Restroom and kitchen facilities for ADUs and JADUs shall be provided consistent Government Code Section(s) 66323 and 66333.

• d. Access for ADUs and JADUs shall be provided consistent Government Code Section(s) 66323 and 66333.

G. Parking. The ADU shall provide one off-street parking space in addition to that required for the main dwelling unit, in compliance with Chapter 16.34 (Off-Street Parking and Loading Standards). No off-street parking is required for the ADU if it meets any of the following:

1. Is within a half mile walking distance from public transit. Refer to definition in Section 16.44.160.B.

2. Is within an architecturally and historically significant historic district.

3. Is in an area where on-street parking permits are required, but not offered to the occupant of the ADU .

4. Is located within one block of a car share area.

5. The ADU is a part of the proposed or existing primary residence or an accessory structure.

6. Is a JADU as defined under Government Code Section 65852.21.

• H. Review of Application. Review of the ADU and JADU shall be consistent with the following:

1. A permit application for an ADU or a JADU unit shall be considered and approved ministerially without discretionary review or a hearing.

2. The City shall act on an application to create an ADU or a JADU within 60 days from the date the local agency receives a completed application.

3. If the permit application to create an ADU or a JADU is submitted with a permit application to create a new single-family dwelling on the lot, the City may delay acting on the permit application for the ADU or the JADU until the City acts on the permit application to create the new single-family dwelling, but the application to create the ADU or JADU shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.

I. Conflicting Standards. If there is a conflicting applicability between the requirements of this section and requirements as described under State Law, State Law shall apply.

(Ord. 610-24 § 12, 2024; Ord. 556 § 16, 2020; Ord. 544 § 17, 2019; Ord. 537, Exhibit A (part), 2018; Ord. 482-13 § 2, 2013; Ord. 293 § 1 (part), 2004; Ord. 227 § 2 (part), 2000; Ord. 182 § 2 (part), 1997)

Employee Workforce and Student Units shall be developed in accordance with Chapter 16.13 (Innovation District). (Ord. 559-20 § 8, 2020)

This section establishes standards for the development and operation of telecommunications facilities including satellite dishes and wireless communications facilities. Satellite dishes are a permitted use in residential, commercial, and industrial zoning districts in compliance with Article II (Zoning Districts and Allowable Land Uses) subject to regulations in Section 16.44.170A. Wireless communications facilities may not be permitted with a conditional use permit subject to the regulations in Section 16.44.170B.

A. Satellite Dishes. Satellite dishes, including portable units, shall be designed, installed and maintained in compliance with the Federal Communications Commission (FCC) and the California Public Utilities Commission (CPUC) regulations and in compliance with this section. Satellite dishes with a maximum diameter of one meter are not regulated by this chapter.

1. Plans. Plans for satellite dishes shall be submitted with each application for a building permit, and shall include a site plan and elevation drawings indicating the color, diameter, foundation details, height, landscaping,

setbacks and method(s) of screening.

2. Painting. The dishes and any supporting structure shall be painted a single, neutral, nonglossy color (e.g., earth-tones, gray, black, etc.).

3. Setbacks. Satellite dishes shall not be located within front or street side yard setbacks without approval of a minor variance and shall not extend beyond the property lines.

4. Underground Wiring. All wiring shall be placed underground, whenever possible.

5. Residential Zoning District Standards. In residential zoning districts, satellite dishes shall be subject to the

following requirements.

a. Development Plan Permit. A development plan permit, in compliance with Chapter 16.56 (Development Plan Permits), shall be required for the construction and/or placement of a satellite dish in a residential zoning district. Not less than thirty (30) days after acceptance of an application as complete, the director shall schedule the time and date on which the director's decision on the application is to be made.

At least ten days before the date on which the decision will be made, the director shall give notice of the proposed use by mail to the applicant and all property owners within a one hundred (100) foot radius of the exterior boundaries of the subject property.

b. Ground-mounted. Only ground-mounted dishes be allowed. The dish shall be located only within the rear yard of the parcel, at least five feet from the rear lot line of an interior parcel, and fifteen (15) feet from the street side lot line of a corner parcel. This provision may be modified by the di-rector if strict compliance would result in substandard reception.

c. Diameter. The diameter of a ground-mounted satellite dish shall not exceed eight feet. This provision may be modified by the director if strict compliance would result in substandard reception.

d. Fence or Wall. Satellite dishes shall be separated from adjoining properties by a minimum six- (6-) foothigh solid fence or wall, or by plants or trees of equal height, approved by the director.

e. Height. The height of the antennae shall not exceed ten feet, at the highest point of the dish. This provision may be modified by the director if strict compliance would result in substandard reception.

f. Number. Only one satellite dish shall be allowed on a parcel.

g. Setbacks. A satellite dish that is taller than adjoining property line fences shall be located away from the side or rear property line a distance equal to or greater than the height of the dish.

6. Nonresidential Zoning District Standards. In nonresidential zoning districts, satellite dishes may be roof- or ground-mounted subject to the following standards.

a. Development Plan Permit. A development plan permit in compliance with Chapter 16.56 (Development Plan Permits) shall be required for the construction and/or placement of a satellite dish in a commercial, innovation, or industrial zoning district.

b. Ground-mounted. If ground-mounted, dishes shall not be located between a structure and an adjoining street and shall be screened from public view and neighboring parcels.

c. Roof-mounted. If roof-mounted, dishes shall be screened from ground view by a parapet or other type of screening. The minimum height and design of the parapet, wall or screening shall be subject to the approval of the director. Screening materials shall be architecturally compatible with the rest of the structure.

d. Diameter. The diameter of a ground-mounted satellite dish shall not exceed eight feet. This provision may be modified by the director if strict compliance would result in substandard reception.

e. Height and Location. The height and location of the satellite dish shall comply with the requirements of the applicable zoning district. The height provision may be modified by the director if strict compliance would result in substandard reception.

f. Setbacks. If the subject parcel abuts a residential zoning district, the dish shall be set back a minimum distance from the lot line equal to the height of the antenna.

B. Wireless Communications Facilities. Wireless communications facilities may be permitted with a conditional use permit as provided in Section 16.44.170B4. Wireless communications facilities, including supporting towers and related ground-mounted structures and equipment shall be designed, constructed/installed, and maintained in compliance with the following development standards.

1. Site Selection Order of Preference. Wireless communication facilities shall be located in the order of preference outlined below. As part of the application process, applicants for cellular wireless communication facilities shall be required to provide written documentation demonstrating a good faith effort in locating facilities in compliance with this subsection.

a. On existing structures (e.g., a billboard, church steeple, communication towers, freestanding sign, water tank, etc.);

b. In locations where the existing topography, vegetation, or other structures provide the greatest amount of screening; or

c. On parcels without significant visual mitigation required.

2. Locational Criteria. Wireless communication facilities shall not be located within a front or street side yard in any zoning district.

3. Co-location. City agencies, special districts, and utility providers shall encourage and allow "co-location" of wireless communications equipment on appropriate existing structures and towers subject to reasonable engineering requirements.

4. Equipment Height. Wireless communications facilites that do not exceed fifteen (15) feet over the height limit for the applicable zone may be approved with a minor conditional use permit issued by the director, pursuant to Chapter 16.52. Facilities that exceed fifteen (15) feet over the maximum height of the applicable zone require a conditional use permit issued by the Planning Commission, pursuant to Chapter 16.52. Height shall be measured from finish grade to the highest point of the facility.

5. Painting. The equipment and supporting structure shall be painted a single, neutral, nonglossy color (e.g., earth-tones, gray. etc.) and, to the extent possible, compatible with the appearance and character of the surrounding neighborhood:

6. Plans. Plans for the wireless communication facility shall be submitted with an application for a minor conditional use permit, in compliance with Chapter 16.52:

7. Signs. Identification signs, including emergency phone numbers of the wireless service provider, shall be posted and readable at ground level, at all equipment/tower sites;

8. Underground Wiring. Electrical and equipment wiring shall be placed underground: and

9. Unused/Obsolete Equipment. Unused/obsolete equipment or towers shall be removed from the site within six months after their use has ceased.

10. Fencing. Fencing may be constructed around the site in compliance with the provisions of Chapter 16.22 (Fences, Hedges, and Walls). Wrought iron fencing shall be used when adjacent to freeways.

11. Landscape Screening. Screening of the site shall be provided subject to the review and approval of the director.

12. Other Requirements. The following additional items shall be submitted fora wireless telephone antennae: a. Photo enhancement showing monopole or tower as it would appear after construction, including landscaping. If an architecturally enhanced pole is to be utilized, examples shall be provided.

b. Map of regional network for the system.

c. Map of search ring and a matrix of all properties within the search ring. The map shall demonstrate primary location and any alternatives within the search ring.

(Ord. 610-24 § 13, 2024; Ord. 427-09 § 4, 2009; Ord. 182 § 2 (part), 1997)

A. Design Issues. Vehicle dealerships are establishments that specialize in the sale of one or more lines of new automobiles and/or used vehicles and in the servicing of that line or lines.

B. Site Planning.

1. Showrooms shall be oriented toward major public streets.

2. Outdoor vehicle display areas shall occur only on permanent at-grade display areas or low-rise platforms (four feet maximum) that are architecturally compatible with the project. Rotating vehicle display platforms are not allowed.

3. Provisions shall be made onsite for the unloading of vehicles from carriers. Vehicle unloading on nonresidential streets may occur in the right-of-way only if special turn-outs are provided.

4. Screened storage areas shall be provided for vehicles awaiting repairs.

5. Potentially noisy activities, (e.g., vehicle repair, cleaning, or testing) shall not be located near or oriented towards residential.

6. Customer parking shall be provided for the sales, service, and parts areas.

7. Sufficient space shall be provided for service drop-offs to prevent stacking of waiting vehicles onto a public street.

8. All non-vehicle storage areas shall be screened from view from the public street and any adjacent residential area. No storage, except vehicle storage, shall occur that is visible from a public street.

C. Building Design.

1. Buildings shall be stylistically consistent on all sides, carefully detailed, and architecturally related to each other.

2. Service uses shall be wholly contained within a building of solid (e.g. masonry) construction. All vehicle access to the individual service bays shall be from within the building itself with no more than two or three exterior doors to provide access to the building. The access points to the service building shall not be visible from or face toward a public street or any adjacent residential uses.

3. Walls and fences shall be architecturally compatible with the buildings.

D. Special Requirements.

1. All outdoor lighting shall be consistent with the Mount Palomar dark sky provisions regarding lighting see Section 16.18.110 (Mount Palomar Lighting Standard).

2. Public address systems, shall not be used in outdoor areas. Beepers and/or personal pagers can be used if necessary to contact employees outdoors.

3. Wash racks shall be located so that they are not visible or audible from a public street or residential area. Wash areas shall be designed to comply with city requirements for stormwater/urban runoff management and discharge controls.

4. All non-vehicle storage areas shall be screened from public view from adjoining properties and from the public right-of-way by appropriately designed walls and landscaping.

5. Compressors and similar equipment shall be located in the interior of the site to minimize impacts on adjacent properties.

6. Because landscaping along display perimeters is typically minimal and low level, other landscaped areas shall be designed to compensate for the absence of vertical landscape elements. Building perimeters shall be heavily

landscaped and parking lots shall contain significantly more landscaping than is required for retail commercial parking lots.

7. All new dealerships whose sales consist primarily of new vehicles shall submit a comprehensive sign program application consistent with § 16.38.060. If no sign program is approved, the dealership will be subject to the sign standards of the zone.

• (Ord. 610-24 § 14, 2024; Ord. 182 § 2 (part), 1997; Ord. 524 Exhibit B, 2017)

A. Design Issues. Auto repair and service facilities can be problematic uses that are characterized by noise, large numbers of parked vehicles, traffic, and the presence of and potential mishandling of large amounts of petroleum products, oils, acid, and other hazardous materials. While these facilities rarely make good residential neighbors, they are necessary to urban life and can fit agreeably into many other settings if care is taken to mitigate negative characteristics.

B. Site Planning.

1. Vehicle repair and service activities shall be wholly contained within an enclosed building.

2. Sufficient parking space shall be provided for customers to drop off their vehicles and to avoid stacking of vehicles onto the public street.

3. The interiors of work bays shall not be visible from a public street or any adjacent residential uses, or designated open space areas.

4. Access driveways shall be limited to the minimum number necessary to enter and exit the site safely, typically one or two, with a maximum width of twenty-eight (28) feet.

C. Building Design.

1. Building materials shall have the appearance of substance and permanency; lightweight metal or other temporary appearing structures are not allowed.

2. Building design shall be clean and simple, stylistically consistent and related to surrounding buildings through use of similar scale, materials, colors and/or detailing.

D. Special Requirements.

1. No dismantling of wrecked cars is allowed on the site, and no outdoor storage is allowed.

2. Public (outdoor) address systems are not allowed. Beepers and/or personal pagers should be used in out-door areas if it is necessary to contact employees outdoors.

3. Facilities shall be designed to comply with city ordinance governing stormwater/urban runoff management and discharge controls.

4. Provisions shall be made for the storage of used oil and lubricants pending recycling.

5. All compressors shall be located within buildings to eliminate impacts on adjacent properties.

• (Ord. 182 § 2 (part), 1997)

• A. Purpose. This division sets forth a uniform set of standards for emergency shelters to provide temporary housing for the homeless.

• B. Emergency Shelter Standards for Regulations. Emergency shelters for homeless persons shall be subject to and comply with the following standards and regulations.

1. A single emergency shelter for thirty (30) occupants, or a combination of multiple shelters with a combined capacity not to exceed thirty (30) occupants, shall be allowed as a permitted use, consistent with section 65583(4)(A)

of the Government Code. All emergency shelters, regardless of the number of occupants, shall meet the minimum standards contained herein below. Any emergency shelter with a capacity greater than thirty (30) occupants shall also be subject to the approval of a conditional use permit, as set forth in section 16.52.

2. The facility shall operate on a first-come, first serve basis with clients only permitted on-site and admitted to the facility between 6:00 p.m. and 7:00 a.m. during Pacific Daylight Time, and 5:00 p.m. and 7:00 a.m. during Pacific Standard Time. Clients must vacate the facility by 8:00 a.m. and have no guaranteed bed for the next night, A curfew of 10:00 p.m. (or earlier) shall be established and strictly enforced and clients shall not be admitted after the curfew.

3. To avoid over-concentration of emergency shelter facilities, a minimum distance of three hundred (300) feet shall be maintained from any other emergency shelter, as measured from the property line.

4. Emergency shelters shall not be located within one thousand (1,000) feet of a public or private school (preschool through twelfth grade), universities, colleges, student housing, senior housing, child care facilities, public parks, businesses licensed for on- or off-site sales of alcoholic beverages or parolee/probationer home as defined in Article VI, Section 16.110 (Definitions) and as measured from the property line.

5. Service providers shall provide sufficient numbers of male and female toilets - restrooms for clients and prospective clients to have access to use on a twenty-four (24) hour basis. For group housing and other similar shelter programs, adequate private male and female showers shall be provided along with lockers for clients to temporarily store their belongings.

6. Any outdoor storage, including, but not limited to, items brought on-site by clients for overnight stays, shall be screened from public view by a minimum six (6)-foot tall decorative wall or fence.

7. Adequate waiting areas must be provided within the premises for clients and prospective clients including ten (10) square feet per bed, minimum one hundred (100) square feet to ensure that public sidewalks or private walkways are not used as queuing or waiting areas.

8. Facility improvements shall comply with the Murrieta municipal code and the most current adopted building and safety code, specific to the establishment of dormitories and shall additionally provide:

• a. A minimum of one (1) toilet for every eight (8) beds per gender.

• b. A minimum of one (1) shower for every eight (8) beds per gender.

• c. Private shower and toilet facility for each area designated for use by individual families.

9. An emergency shelter facility shall provide off-street parking:

• a. The minimum parking requirement shall be whichever is less, the ratio of one (1) space per four (4) beds,

and/or 0.5 per bedroom designated as a family unit with children, plus one (1) space per staff member, or the minimum parking requirement for other residential or commercial uses within the same zone whichever results in less parking being required.

b. Service providers are responsible to provide and maintain adequate parking and freight loading facilities for employees, clients and other visitors who drive to the premises.

10. Bike rack parking shall be provided at the facility.

11. Exterior lighting shall be provided for the entire outdoor and parking area of the property per the lighting standards of the Section 16.18.100 of the code.

12. The facility may provide the following services in a designated area separate from sleeping areas:

• a. A recreation area inside the shelter or in an outdoor area visually separated from public view by a minimum six (6)-foot tall visually screening decorative wall or fence.

• b. A counseling center for job placement, educational, health care, legal services, or mental health services.

• c. Laundry facilities to serve the number of clients at the shelter.

• d. Kitchen and dining area.

• e. Client storage area.

• f. Similar types of facilities to address the needs of homeless clients, as determined by the planning director.

13. A shelter management plan shall be submitted as a part of the conditional use permit application, which addresses all of the following:

a. Service providers shall maintain sufficient monetary resources to enable them to operate the facility per the shelter management plan, and shall demonstrate to the city prior to approval of the permit application that such funds shall be available for use upon first occupancy of the proposed project and shall reasonably be expected to be available for the life of the project;

b. A minimum of one (1) staff member per fifteen (15) beds shall be awake and on duty when the facility is open. Facility staff shall be trained in operating procedures, safety plans, and assisting clients. The facility shall not employ staff who have been convicted of a felony or who are required to register as a sex registrant under Penal Code 290;

• c. Service providers shall maintain up-to-date information and referral sheets to give clients and other persons who, for any reason, cannot be served by the establishment;

d. Service providers shall provide criteria to screen clients for admittance eligibility, with the objective to provide first service to individuals with connections to Murrieta;

e. Service providers will maintain information on individuals utilizing the facility and will ensure that the maximum stay at the facility shall not exceed one-hundred and twenty (120) days in a three-hundred and sixty-five (365) day period;

f. Service providers shall continuously monitor waiting areas to inform prospective clients whether they can be served within a reasonable time. If they cannot be served by the provider because of time or resource constraints, the monitor shall inform the client of alternative programs and locations where he or she may seek similar services;

g. Service providers will educate on-site staff to provide adequate knowledge and skills to assist clients in obtaining permanent shelter and income, including referrals to outside assistance agencies. An annual report on this activity will be provided to the city;

h. Service providers shall provide for the timely removal of litter attributable to clients within the vicinity of the facility every twenty-four (24)-hour period;

i. Service providers will maintain good communication and have procedures in place to respond to operational issues which may arise from the neighborhood, city staff, or the general public;

j. The shelter management plan shall include how staff will address and regulate alcohol and illegal drug use by clients on the premises;

k. Service providers shall establish standards for responding to emergencies and incidents expelling clients from the facility, re-admittance policies for clients who have previously been expelled from the facility shall also be established.

14. The establishment shall implement other conditions and/or measures as determined by the city, in consultation with other city/county agencies necessary to ensure that management and/or clients of the establishment maintain the quiet, safety and cleanliness of the premises and the vicinity of the use; and

15. Other requirements as deemed necessary by the city to ensure that the facility does not create an adverse impact to surrounding properties.

C. Transitional Housing including Single Resident Occupancy (SRO), Standards and Regulations.

Transitional housing, including efficiency residential units, also known as single resident occupancy ("SRO"), shall be subject to and comply with the following standards and regulations.

1. Units shall have a minimum size of one hundred and fifty (150) square feet and a maximum of four hundred (400) square feet.

2. Each unit shall accommodate a maximum of two (2) persons.

3. Exterior lighting shall be provided for the entire outdoor and parking area of the property per the lighting standards of the Section 16.18.100 of the code.

4. Laundry facilities must be provided in a separate room at the ratio of one (1) washer and one (1) dryer for every twenty (20) units of fractional number thereof, with at least one (1) washer and dryer per floor.

5. A cleaning supply room or utility closet with a wash tub with hot and cold running water shall be provided on each floor of the SRO (efficiency) unit facility.

6. Each unit required to provide a separate bathroom containing a lavatory and bathtub or shower.

7. Each unit shall be provided with a kitchen sink, functioning cooking appliance and a refrigerator, each having a clear working space of not less than thirty (30) inches in front.

8. Each SRO (efficiency) unit shall have a separate closet.

9. SRO (efficiency) units shall comply with all requirements of the California Building Code. All units shall comply with all applicable accessibility and adaptability requirements. All common areas shall be fully accessible.

10. An SRO (efficiency) unit project shaft not be located within five hundred (500) feet of any other SRO (efficiency) unit project, emergency shelter, or other similar program, unless such program is located within the same building or on the same lot.

11. An SRO (efficiency) unit project with ten (10) or more units shall provide on-site management. Project with less than ten (10) units may provide a management office off-site.

12. Tenancy of SRO (efficiency) units shall not be less than thirty (30) days.

13. SRO (efficiency) unit parking shall be provided as follows:

• a. One (1) uncovered parking space for every three (3) SRO (efficiency) units.

• b. Two (2) uncovered parking spaces for an onsite manager unit.

14. Each SRO (efficiency) unit shall be provided at least one (1) lockable bicycle parking space in a location that is adjacent to that SRO (efficiency) unit.

15. Applications for SRO (efficiency) units projects shall be processed in a manner consistent with procedures for a multiple-family residential project per Article II, Section 16.08.040.

• D. Notification. In addition to the notification required by the Development Code, representatives of the police

department shall be apprised of the proposed project in a timely fashion so that the department may respond to any concerns they may have regarding the proposed project.

• (Ord. 598-23 § 8, 2023; Ord. 482-13 § 2, 2013; Ord. 293 § 1 (part), 2004)

A. Definition. Bingo is defined as a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which conform to numbers or symbols selected at random. The winning cards shall not be known prior to the game by any person participating in the playing or operation of the bingo game.

B. Qualified Organizations. A qualified organization to operate the game of bingo is a mobile home park association, a senior citizens organization, or an organization exempted form the payment of bank and corporation tax by Sections 23701(a), 23701(d), 23701(e), 23701(f), 23701(g) and 23701(l) of the State Revenue and Taxation Code. C. License. A business license issued by the city is required to operate a bingo game. The license can only be issued to a qualified organization. It is unlawful for any person to conduct a bingo game, unless that person is a member of the qualified organization, acting on their behalf. The qualified organization is responsible for providing written proof at the time of application of their tax exempt status.

D. Limitations:

1. A qualified organization shall conduct a bingo game only on property owned or leased by the organization. The property must be used by the organization for the purpose of the organization's operation, including offices.

2. No minors are allowed to participate in any bingo game.

3. All bingo games shall be open to the public.

4. Bingo games shall be operated and staffed only by members of the qualified organization operating the game, excluding security personnel.

5. The qualified organization shall provide proof to the Planning Department that adequate off-street parking is available.

6. The building used for the games shall comply with California Building Codes.

7. Individual prizes shall not exceed two hundred fifty dollars ($250.00).

8. No person shall receive or pay a profit, wage, salary or percentage from any bingo game authorized by Ordinance 356-06 and this Development Code.

9. All profits shall be kept in a separate, special fund and used only for charitable purposes or distributed to organizations exempt under Section 23701(d).

10. A portion of the proceeds, not to exceed twenty (20) percent, may be used for expenses outlined in Section 9.G. 2 of the ordinance.

11. No alcohol shall be served or consumed in the same room or location as the game by operators, managers, board members or players.

12. Players must be physically present at the game to play.

• (Ord. 367 § 4 (part), 2006)

A. Purpose and Intent. It Is the purpose and intent of this section to promote the safe, effective and efficient construction and use of N-WECS installed on rural residential lots to reduce the on-site consumption of utility supplied electricity within the city limits of the City of Murrieta. A uniform and comprehensive set of standards, conditions, and procedures for the placement of N-WECS are necessary to regulate the generation of electricity for onsite use, thereby reducing the consumption of electrical power supplied by utility companies. These regulations are intended to assure that N-WECS are designed and located in a manner that minimizes visual, noise, and safety impacts on the surrounding community,

B. Definitions. The following are definitions of specialized terms and phrases used in this section. Definitions of general terms and phrases are located in Article IV (Development Code Definitions).

1. AWEA means American Wind Energy Association.

2. Commission means the Planning Commission.

3. Director means the director of the Commission.

4. FAA means Federal Aviation Administration.

5. Guy Wires means wires or cables used in tension to support a tower.

6. Non-Commercial Wind Energy Conversion Systems (N-WECS) means a small wind energy system suitable for rural residential zones consisting of a wind turbine, tower, blades, associated controls and conversion

electronics, which has a rated capacity that does not exceed 100 kilowatts (kW) and which will be used primarily to reduce on-site consumption of utility power by converting mechanical energy into electricity.

7. Rural Residential means the Rural Residential zoning district as specified in Chapter 16.08 of Article II (Zoning Districts and Allowable Land Uses).

8. Tower means the portion of the N-WECS upon which the wind turbine is mounted.

9. Tower Height means the height above grade of the fixed portion of the tower measured from the ground to the top of the tower, excluding the wind turbine, blades and wind-measuring devices.

10. USGS means the United States Geological Survey.

11. Wind Turbine means a non-commercial small wind turbine consisting of a wind turbine generator and rotors, which has a rated capacity of not more than 100 kW and which converts kinetic energy in wind into mechanical energy.

• C. Restriction on Use of Electricity Generated by N-WECS.

1. An N-WECS shall be used exclusively to supply electrical power for on-site consumption, except that when a parcel on which an N-WECS is installed also receives electrical power supplied by a utility company, excess electrical power generated by the N-WECS and not presently needed for on-site use may be used by the utility company in exchange for a reduction in the cost of electrical power supplied by that company to the parcel for on-site use, as long as no net revenue is produced by such excess electrical power.

ich an N-WECS is installed also receives electrical power supplied by a utility company, excess electrical power generated by the N-WECS and not presently needed for on-site use may be used by the utility company in exchange for a reduction in the cost of electrical power supplied by that company to the parcel for on-site use, as long as no net revenue is produced by such excess electrical power.

2. An N-WECS shall be permitted only in the Rural Residential zone, subject to the approval of a conditional use permit by the director in accordance with Chapter 16.52 (Conditional Use Permits). Only one N-WECS shall be permitted on a premises.

D. Development Standards. An N-WECS shall be subject to all applicable regulations of the Rural Residential zoning district in which it is proposed, except that the following standards shall take precedence over the regulations of the Rural Residential zone to the extent that they differ from the regulations of the Rural Residential zone. The following shall be deemed to be conditions of approval of every N-WECS unless specifically modified pursuant to subsection E of this section:

1. Minimum Lot Size. The minimum lot or parcel size shall be 2.5 acres.

2. Location.

• a. Setback.

i. The minimum distance between an N-WECS, excluding guy wires and their anchors, and any property line or road right-of-way, shall be the distance which is equivalent to the height of the Wind Turbine, including any wind turbine generator, wind-measuring devices, and the highest vertical extent of any blades, or at least twenty (20) feet, whichever is further, provided that the required distance shall also comply with any applicable fire setback requirements pursuant to sections 4290-4299 of the Public Resources Code.

ii. All N-WECS structures, including guy wire anchors, shall conform with the setback requirements established for the Rural Residential zoning district in Section 16.08.020 (Residential Districts General Development Standards) of Article II (Zoning Districts and Allowable Land Uses), and with any special setbacks established for specific uses by this Development Code.

iii. No part of an N-WECS shall be located within or over drainage, utility, or other established easements. Each wind turbine shall be setback from the nearest above-ground public communication or electrical line by a distance which is equivalent to the height of the wind turbine.

iv. No part of an N-WECS shall be located on a property that has a slope greater than or equal to twenty (20) percent.

v. The minimum distance requirement shall be increased as necessary to meet the noise limits of the Rural Residential zone as established in Chapter 16.30 (Noise).

b. Blade Clearance. No part of an N-WECS blade shall extend within thirty (30) feet of the ground, trees, or any other structure.

• c. FAA Beacon Prohibited. No portion of an N-WECS shall be located in an area where FAA regulations would require a beacon, including but not limited to hazard beacons and strobe lights.

3. Maximum Tower Height. Tower height shall not exceed the height limit of the underlying zone.

4. Rotors. Rotors shall be twenty-three (23) inches to twenty-one (21) feet in diameter.

5. Compliance with Aviation Safety Standards. The N-WECS shall comply with all applicable FAA

requirements and the requirements of the State Aeronautics Act (Part 1 (commencing with Section 21001) of Division

9 of the Public Utilities Code).

6. Wind Turbine Approval. Wind turbines must be approved under the Emerging Technologies program of the California Energy Commission or any other small wind certification program recognized by the AWEA.

7. Design. An N-WECS must be designed and constructed in accordance with the following:

a. Colors. The colors used in the construction materials or finished surface shall be muted and visually compatible with surrounding developments.

b. Lighting. If required by FAA standards, a safety light that meets FAA standards shall be provided on the N- WECS. All required lights shall be shielded from adjacent properties, and no other lights shall be placed upon the tower.

c. Noise. Noise from an N-WECS shall conform with the noise standards of Chapter 16.30 (Noise), including, but not limited to, the maximum allowed exterior noise level standards of Table 3-6 (Exterior Noise Standards), as measured at the closest neighboring inhabited dwelling. N-WECS that have a noise specification greater than the standards of Table 3-6 shall provide a noise study to determine mitigation measures to conform to the noise standards.

d. Visual Effects.

i. The top of an N-WECS, including the wind turbine and the highest vertical extent of the blades, shall be located at least twenty-five (25) vertical feet below the top of any adjacent major ridgeline, and an N-WECS shall be located at least one hundred (100) horizontal feet from any adjacent major ridgeline.

ii. Any N-WECS that is placed within the viewshed of a designated major, secondary, limited secondary, or scenic highway shall be assessed for its visual effects, and appropriate conditions relating to siting, buffers, and design of the facility shall be applied pursuant to Sections 260-284 of the Streets and Highways Code.

iii. Any N-WECS placed on hillsides and ridgelines shall be assessed for its visual effects, and appropriate conditions relating to siting, buffers, and design of the facility shall be evaluated to minimize impacts on the viewshed from the valley floor.

e. Climbing Apparatus. All climbing apparatus must be located at least fifteen (15) feet above the ground, and the tower must be designed to prevent climbing within the first fifteen (15) feet.

f. Automatic Overspeed Controls. N-WECS shall be equipped with manual and automatic overspeed controls to limit the blade rotation speed to within the design limits of the N-WECS.

g. Access Doors. If an N-WECS is equipped with access doors, all access doors shall be lockable and remain locked during operation.

8. Signs. One sign, limited to eighteen (18) inches in length and one (1) foot in height, shall be posted at the base of the tower. The sign shall include a notice of no trespassing, a warning of high voltage, and the phone number of the property owner to call in the event of an emergency.

9. Displacement of Parking Prohibited. The location of an N-WECS shall not result in the displacement of required parking as specified in Chapter 16.34 (Off-Street Parking and Loading Standards).

10. Maintenance. N-WECS shall be maintained in an operational condition that poses no potential safety hazards.

11. Removal. Within six (6) months after the operation of an N-WECS has ceased or the permit therefore has expired, whichever occurs first, the permittee shall remove the NWECS, clear the site of all equipment, and restore the site as nearly as practicable to its condition prior to the installation of the N-WECS. Failure to remove such N-WECS as required above shall constitute a public nuisance.

E. Conditional Use Permit – Non-Commercial Wind Energy Conversion Systems.

1. The provisions of Chapters 16.48 (Application Filing, Processing, and Fees) and 16.52 (Conditional Use Permits) shall apply to an application for a conditional use permit for an N-WECS, except as may be modified by this section.

2. Application–Filing Information and Documents Required. An application for a conditional use permit for an N-WECS shall contain the following:

a. The information and documents specified Chapters 16.48 (Application Filing, Processing, and Fees) and 16.52 (Conditional Use Permits) of the Development Code, including, but not limited to, ownership information, mailing labels, and land use maps as specified.

b. Drawings to scale of the entire N-WECS structure, including the Tower, base, Wind Turbine, blades, footings, Guy Wires, and associated equipment.

c. Three (3) copies of the proposed site plan, elevation plan, and location map depicting the project location on USGS topographic sheets. Additional copies of these materials may be required by the director. On each set of the required site plan and elevation plan, the applicant shall depict the type and location of any safety lights and energy storage devices.

d. Evidence satisfactory to the director that the proposed wind turbine generator meets the following standards:

i. The wind turbine generator is certified by a qualified, licensed engineer as meeting the requirements of Wind Turbine-specific safety and/or performance standards adopted by a national or international standards-setting body, including, but not limited to, International Electric Code standard 61400-2.

ii. The wind turbine generator has a manufacturer's warranty with at least five (5) years remaining from the date the application is filed.

iii. The model of equipment proposed has a documented record of at least one (1) year of reliable operation at a site with average wind speeds of at least twelve (12) mph.

e. Where modification of any development standard specified in subsection D of this section is requested, the applicant shall identify the requested modifications and substantiate to the satisfaction of the director that strict compliance with all required development standards would substantially and unreasonably interfere with

establishment of the proposed N-WECS on the subject property and the requested modifications would not be contrary to the intent and purpose of this section.

(Ord. 408 § 1, 2008)

16.44.230 Wedding/Event Facilities in the RR and ER Districts.

A. Purpose and Intent. It is the purpose and intent of this section to allow a homeowner with a property of five (5) acres or greater to utilize their residence for occasional weddings or events within the RR and ER districts. Implementation of the regulations and standards within this section will ensure that wedding/event facilities in the RR and ER districts will be conducted in an orderly manner that will not result in a change to the residential character of the surrounding community.

The standards contained below will be placed on properties authorized to hold wedding/events within the RR and ER Districts, based on the parcel size and proximity to existing improvements.

B. Wedding/Event Facilities - General. Wedding/event facilities may be allowed on properties of five (5) acres or greater in the RR and ER districts subject to the approval of a minor conditional use permit pursuant to Chapter 16.52 (Conditional Use Permit), in compliance with, but not limited to, the following standards:

1. Parking. Adequate on-site parking facilities, pedestrian and vehicular circulation, and vehicular ingress and egress, shall be provided in compliance with Chapter 16.34 (Off-Street Parking and Loading Standards) and Section 16.44.230.C.

2. Number of Days/Hours of Operation. The director shall impose reasonable restriction on the number of events that can occur during a week, on which days of the week these can occur and the hours of operation. Specific criteria are contained in Section 16.44.230.C.

3. Sanitary Facilities. The director shall determine the appropriate quantity and location for any for sanitary facilities. All facilities shall be located on-site, and shall comply with accessibility requirements and the requirements of the Riverside County Health Department. Additional criteria are contained in Section 16.44.230.C.

4. Security. Provision for security and safety measures shall be provided, if applicable. Recent contact information shall be maintained on file with the city at all times.

5. Signs. One externally illuminated monument sign shall be permitted and shall be located at access points to the parcel, subject to the following criteria:

• a. Signs are allowed only for frontages adjoining a public street;

• b. Monument signs shall not be located closer than five feet from a property line;

• c. The maximum sign area shall be twenty (20) square feet per side and not exceed four (4) feet in height;

• d. Signs shall be constructed of natural materials;

• e. Landscaping shall be provided at the base of the supporting structure equal to twice the area of one face of the sign;

f. The monument sign shall not be illuminated after 10:00 p.m. on evenings when there are no events and shall be turned off at the conclusion of events;

g. Monument signs shall contain an address plate identifying the project or use by specific street address. The address plate shall not exceed four square feet in area. Numbers shall be a minimum of six inches in height. Address plates shall not be calculated against the allowed sign area;

h. Illumination shall be down lit and shall not be allowed to spill over into, or provide glare, to adjacent properties or rights-of-way;

i. On-site directional signage shall be no larger than twelve (12) square feet in area and its design shall be complimentary to the monument sign.

6. Solid Waste Collection and Disposal. The facility shall include provisions for solid waste, recycling and/or

disposal with specific criteria contained in Section 16.44.230.C.

7. Other Conditions. The director shall require any other conditions which will ensure the operation of the

facility in an orderly and efficient manner and in full compliance with the purpose/intent of this section.

• C. Site-Specific Development Performance Standards.

1. Days and Hours of Operation. The site may be used for a maximum of two events per week, unless otherwise modified by the permit approval. No more than two events may occur on sequential dates. All events shall begin after 10:00 a.m. and shall be completed by 12:00 a.m.

2. Noise Levels and Monitoring. Noise levels generated from events shall be subject to the following criteria:

a. All noise generated by the event use shall conform to the thresholds established for Zone II of Table 3-6, Exterior Noise Standards of section 16.30.090 (Exterior Noise Standards), and shall be subject to the provisions contained therein;

b. Noise levels for events shall not exceed the city's noise standards, either during set up or as part of the event;

c. The applicant shall monitor and ensure that the noise levels shall not exceed City of Murrieta noise standards;

• d. Any noise generating activities shall be terminated at 10:00 p.m.

3. Ancillary Structures.

a. If an ancillary structure is provided as part of the project approval, ancillary structures shall be permanent construction, shall be fully enclosed, or enclosable on four sides, and shall have a roof. Ancillary structures shall be complimentary in terms of size, scale, and materials used on the primary structure on the site;

b. Ancillary structures shall be subject to the setbacks for accessory structures in contained in Table 16.08-1, (Residential Zones General Development Standards Requirements by Individual Zoning District) of section 16.08.020

(Residential Districts General Development Standards) with the exception that structures cannot exceed forty (40) feet in height, and be no larger than 7,500 square feet in size.

4. On-site Parking Requirements.

• a. All on-site parking areas do not need to be paved; however, they must be stabilized in order to minimize any off-site dust impacts and for compliance with water quality control purposes;

• b. Adequate parking must be provided based on maximum occupancy of site. Occupancy will be determined based on the seating capacity of the special event;

• c. If buses or limousines are proposed for off-site transport, adequate drop off and pick up locations must be provided on site.

5. Location Requirements. Any parcel where a facility is proposed shall have access to a paved and maintained

public street.

6. Solid Waste Collection and Disposal. On-site waste collection shall be located onsite as to not create any off-

site noise, odors or nuisances. Solid waste shall be removed from the site within forty-eight (48) hours of any event.

7. Sanitary Facilities. Any potable sanitary facilities shall not be located any closer than twenty-five (25) feet from an adjacent property with a residential use. Sanitary waste shall be removed from the site within 48 hours of any event, or determined through the minor conditional use permit. (Ord. 610-24 § 15, 2024; Ord. 544 § 18, 2019; Ord. 486 § 2, 2014)

A. Purpose and Intent. It is the purpose and intent of this section to provide standards for the location and operation of practice indoor firing ranges ("indoor firing range") by locating indoor firing ranges in appropriate areas with minimal adverse impact on the community and its resources, and providing standards of operation that will protect the public health, safety, and welfare of the community.

• B. Indoor Firing Ranges - General.

1. Indoor firing ranges shall be a conditionally permitted use within the Business Park (BP) and General Industrial (GI) zoning districts with conditional use permit approval pursuant to Chapter 16.52 provided that the business conforms to all applicable federal and state standards, all applicable requirements of the Murrieta Municipal Code.

2. Distance Requirements. The establishment of an indoor firing range shall not be permitted within three hundred (300) feet of a K-12 public school, public park, residential zoning district, an off-site or on-site alcoholic beverage sales establishment, or another indoor firing range.

C. Requirements.

1. Every indoor firing range shall be in compliance with the applicable building, environmental, and fire code requirements of the Murrieta Development Code.

2. The applicant shall submit to a criminal background check. If the applicant is an association, firm, corporation, partnership, or other entity comprised of more than a sole proprietor, this requirement shall apply to all principals.

a. Applicant, all principals and applicable employees shall never have been convicted of a felony, or a misdemeanor involving a firearm.

b. Applicant, all principals and applicable employees shall never have been convicted of a violation of law concerning the manufacture, use, possession, or sale of firearms.

3. Indoor firing ranges shall be permitted to operate during the hours of 6:00 a.m. to 10:00 p.m., unless amended by the conditional use permit.

4. The applicant shall provide sufficient and substantial evidence that the proposed indoor firing range is properly designed, constructed and equipped for the proposed firearms to be discharged within the facility.

5. No other weapons, other than firearms, shall be discharged in an indoor firing range.

6. No firearms shall be allowed which have been classified as illegal under state or federal statute.

7. Firearms and safety rules and regulations shall be prominently posted in a general area available to all customers of the establishment. Compliance with those regulations shall be monitored and enforced by facility a range safety officer.

8. A minimum of one range safety officer shall be on duty during operating hours.

• a. Range safety officers shall be responsible for:

• i. The operation and maintenance of the shooting range.

• ii. Inspection of all firearms and ammunition for safe functions and operations.

• iii. Protocols shall be established ensuring that firearms or ammunition deemed not safe by the range safety officer shall not be discharged within the indoor firing range.

• iv. Ensure all firearms and ammunition at the indoor firing range remains securely stored at all times and in compliance with all applicable laws and regulations.

9. No person, employee, member, or customer of an indoor firing range shall be allowed to enter or leave the premise with a loaded firearm, unless permitted by or exempted by state or federal law.

10. All firearms shall be loaded only on the firing line under the supervision of the range safety officer, unless permitted by or exempted by state or federal law.

11. No drugs or alcohol may be consumed on the property, nor shall the sale of alcohol be permitted on the property.

12. No person shall be allowed to utilize an indoor firing range who the range safety officer, or other employees of an indoor firing range, believes to be under the influence of drugs and/or alcohol.

13. No person shall be allowed to utilize an indoor firing range who the range safety officer, or other employees of an indoor firing range, believes to pose a threat to themselves or others.

14. The Murrieta Police Department shall be contacted immediately if the range safety officer, or an employee, reasonably believes that a person on premises may be a threat to themselves or others.

15. Individuals under eighteen (18) years of age will be allowed to utilize the facility, provided:

• a. They are accompanied by parent or legal guardian; or

• b. They are under adult supervision and a signed release by the parent or guardian is provided.

16. All persons at the firing line shall wear approved eye and ear protection under the supervision of the range safety officer. All employees of a practice indoor firing line shall receive eye and ear protection and shall receive proper training regarding the use of suitable eye and ear protection. The City holds no liability for the hazardous conditions related to eye and ear damage known to exist at such facilities.

17. The sale and storage of ammunition shall be permitted.

18. The manufacture of ammunition shall not be permitted, unless permitted through the conditional use permit.

19. No person, other than the range safety officer, official employees, or independent contractors hired to maintain the facility shall be permitted beyond the firing line.

20. All doors, gates, and entrances between the firing points and backstop shall be securely locked at all times when a person is engaged in practice shooting.

• D. Safety and Management Plan. A detailed safety and management plan shall be submitted in full compliance with the NRA Range Source Book: A Guide to Planning and Construction, published by the National Rifle Association, or by an equivalent guidebook (if applicable) deemed comparable by the Murrieta Police Department and Planning Department. Such information shall include, but not be limited to, the following information:

1. Plans for the installation and maintenance of interior and exterior surveillance cameras installed that can observe the parking lot, lobby, store, firing lines, and all general areas within an indoor firing range and its perimeter.

Recordings from the surveillance cameras must be maintained for not less than thirty (30) days and shall be made available to members of the Police Department upon request.

2. Plans for the installation and maintenance of adequate exterior and interior lighting.

3. Protocols shall be developed for the safe display and storage of firearms and ammunition.

4. Protocols shall be developed, with cooperation of the Murrieta Police Department and other public safety organizations, to ensure open lines of communication exists between an indoor firing range and all local public safety organizations.

5. A stormwater diversion plan.

6. A hazardous waste diversion and disposal plan.

7. A plan to reduce exposure to hazardous waste, provide clear air and decrease noise for all employees and customers in accordance with the National Institute for Occupational Safety and Health's (NIOSH) Preventing Occupational Exposure to Lead and Noise at Indoor Firing Ranges, published by the Centers for Disease Control and Prevention.

8. Hours of operation.

9. An affirmative letter signed by the Murrieta Police Chief or designee, detailing that the Department is satisfied with the applicant's consideration of all security related and communication issues regarding an indoor firing range.

10. A plan to mitigate outside noise to the surrounding community.

11. Protocols shall be adopted to ensure that firearms and ammunition deemed unsafe will not be discharged within the firing line.

12. Failure to submit a safety and management plan as required shall be grounds to automatically deny an application for a license.

13. Failure to adequately implement or maintain the safety and management plan shall be grounds for suspension or revocation of the business license.

14. Any future revisions or modifications of the Safety and Management Plan must be approved by the City Planning Department and Police Department. Failure to obtain approval or otherwise disregard, edit, modify, revise or in any way change the Safety and Management Plan on file is grounds for suspension or revocation of the business license.

(Ord. 489 § 2, 2014)

• A. Definitions. For purposes of this Chapter, the following definitions shall apply:

1. “Cannabis”, also known as "Marijuana", means any or all parts of the plant Cannabis Sativa Linnaeus, Cannabis Indica, Cannabis Ruderalis and any genetic or synthetic derivative thereof, whether growing or not; the seeds thereof; the resin or separated resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, including marijuana infused in foodstuff or any other ingestible or consumable product containing marijuana or any marijuana derivative. The term "marijuana" shall also include "medical cannabis" as such phrase is used in the August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, and "cannabis" as defined in the Business and Professions Code § 19300.5(f), as may be amended from time to time, that was issued by the office of the Attorney General for the state of California or subject to the provisions of the California Health and Safety Code § 11362.5 (Compassionate Use Act) or California Health and Safety Code §§ 11362.7 to 11362.83 (Medical Marijuana Program Act). Notwithstanding the above, the definition of “cannabis” does not include "industrial hemp".

2. "Cannabis Cultivation" means growing, planting, harvesting, drying, curing, grading, trimming, or processing of marijuana.

3. "Cannabis Dispensary" or "Cannabis Dispensaries" means any business, office, store, facility, location, retail storefront or wholesale component of any establishment, cooperative or collective that delivers (as defined in Business and Professions Code § 19300.5(m) or any successor statute thereto) whether mobile or otherwise, dispenses, distributes, exchanges, transmits, transports, sells or provides cannabis for any reason to any person, group of persons, corporation, limited liability company, non-profit corporation or any other entity of any kind.

4. "Cannabis Processing" means any method used to prepare cannabis or its byproducts for commercial retail and/or wholesale use including, but not limited to: drying, cleaning, curing, packaging, and extraction of active ingredients to create cannabis related products and concentrates, production of foodstuffs containing cannabis and production of any pill, tablet, liquid, lozenge or other delivery system containing cannabis or any derivative thereof.

5. "Cannabis Testing Laboratory" means a laboratory, facility, or entity in the state that offers or performs tests of cannabis or cannabis products and that meets the following:

a. Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the state; and

b. Licensed by the Bureau of Cannabis Control within the Department of Consumer Affairs, formerly named the Bureau of Marijuana Control, the Bureau of Medical Cannabis Regulation, and the Bureau of Medical Marijuana Regulation; or

c. As otherwise defined under § 26001 of the California Business and Professions Code.

6. "Industrial Hemp" means a crop that is limited to types of the plant Cannabis Sativa L. having no more than three-tenths of 1 percent tetrahydrocannabinol (THC) contained in the dried flowering tops, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin produced therefrom, consistent with California Health and Safety Code § 11018.5.

7. "Medicinal Cannabis" or "Medicinal Cannabis Product" means cannabis or a cannabis product, respectively, intended to be sold or donated for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found in California Health and Safety Code § 11362.5, by a medicinal cannabis patient in California who possesses a physician's recommendation, or in compliance with any compassionate use, equity, or other similar program administered by a local jurisdiction.

8. “Medicinal Cannabis Delivery Service” means a physical business location in the city with no retail storefront and where the sole purpose and use of the facility is for the storage and logistics to support the delivery of medicinal cannabis.

B. Prohibited Activities. Cannabis cultivation, cannabis processing, cannabis delivery and cannabis dispensaries shall be prohibited activities within the City of Murrieta, except where the city is preempted by federal or state law from enacting a prohibition on such activity. No use permit, variance, building permit, business license, or any other entitlement, license or permit, whether administrative or discretionary shall be approved or issued for the activities of cannabis cultivation, cannabis processing, cannabis delivery, or the establishment or operation of a cannabis dispensary in the city, and no person shall otherwise establish or conduct such activities in the city, except where the city is preempted by federal or state law from enacting a prohibition on any such activity for which the use permit, variance, building permit, or any other entitlement, license, or permit is sought.

C. Limited Exceptions. Notwithstanding § 16.44.250.B, the following shall be permitted subject to limitations:

1. The retail sale of industrial hemp products, with the exception of foods and supplements for consumption. Cultivation and processing of industrial hemp shall be prohibited activities within the city. No cannabis products or graphics depicting cannabis products shall be visible from the exterior of any property selling industrial hemp, or on any of the vehicles owned or used as part of the retail sales.

2. Cannabis testing laboratory shall be allowed in the Business Park (BP), General Industrial (GI), and General Industrial-A (GIA) Zone Districts consistent with Table 16.12-1: Use Table for Business Park and Industrial Districts and subject to the conditional use permit requirements specified in § 16.52 and the following miscellaneous operating requirements.

a. No cannabis products or graphics depicting cannabis products shall be visible from the exterior of any property issued a cannabis testing laboratories permit, or on any of the vehicles owned or used as part of the cannabis testing laboratories. No outdoor storage of cannabis or cannabis products is permitted at any time.

b. Cannabis shall not be consumed or sampled by any testing lab employee, visitor, operator or vendor on the premises of any cannabis testing laboratories.

c. Odor control devices and techniques shall be incorporated in all cannabis testing laboratories to ensure that any odors from testing are not detectable off-site. Cannabis testing laboratories shall provide a sufficient odorabsorbing ventilation and exhaust system so that odor generated inside the cannabis testing laboratories that is distinctive to its operation is not detected outside of the facility, anywhere on adjacent property or public rights-ofway, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the cannabis testing laboratories.

d. Prior to commencing operations, cannabis testing laboratories shall be subject to all required permits and approvals which would otherwise be required for any business of the same size and intensity operating in that zone. This includes but is not limited to obtaining any required building permit(s), fire department approvals, health department approvals and other zoning and land use permit(s) and approvals.

e. Cannabis testing laboratories permits may be revoked for any violation of any law and/or any rule, regulation and/or standard adopted pursuant to this chapter or as a result of the loss of any other applicable state or local license.

f. Suspension of a license issued by the State of California, or by any of its departments or divisions, shall immediately suspend the ability of a cannabis testing laboratories to operate within the city, until the State of California, or its respective department or division, reinstates or reissues the state license. Should the State of California, or any of its departments or divisions, revoke or terminate the license of a cannabis testing laboratories, such revocation or termination shall also revoke or terminate the ability of a cannabis testing laboratories to operate within the city.

3. Medicinal Cannabis Delivery Service.

a. Medicinal Cannabis Delivery Service License Required.

i. No person shall engage in or conduct any medicinal cannabis delivery service within the city without an approved medicinal cannabis delivery service license under this section.

ii. A separate medicinal cannabis delivery service license shall be required for each physical address location within the city.

iii. An application for a medicinal cannabis delivery service license shall be on forms provided by the chief of police or designee, which require all information, permits, licenses, criminal background check results, and other approvals necessary to verify compliance with this section and all applicable laws. The chief of police or designee reserves the right to request and obtain additional information from any business owner and property owner submitting a medicinal cannabis delivery service license application to show compliance with relevant codes and regulations.

iv. Applicants shall execute an agreement indemnifying the city from any claims, damages, injuries, or liabilities of any kind associated with the operation of the delivery-only medicinal cannabis business, issuance of a permit to a delivery-only medicinal cannabis business, or the prosecution of the delivery-only medicinal cannabis

business or its owners, managers, directors, officers, employees, or its qualified patients or primary caregivers for violation of federal or state laws.

v. Insurance Requirements. Applicant shall provide and maintain insurance in the amounts and of the types that are acceptable to the city manager or designee.

vi. The business owner and the property owner, if different, shall each sign the medicinal cannabis delivery service license application form.

v. A medicinal cannabis delivery service license issued pursuant to this section shall expire twelve (12) months after the date of its issuance. Thereafter, a new or renewal license application must be submitted to continue the medicinal cannabis delivery service.

b. Application Requirements. A completed application, together with the application fee in an amount established by resolution of the City Council shall be submitted with all of the following:

i. Site and Floor Plan.

A. A site plan, drawn to scale and professionally prepared by a licensed civil engineer or architect, of the parcel of property on which the proposed cannabis business will be located. The site plan shall include the outline of all structures, driveways, parking and landscape areas, and boundaries of the parcel.

B. A floor plan, drawn to scale and professionally prepared by a licensed civil engineer or architect, designating all interior dimensions of the premises, the proposed use of all spaces, identification of limited access areas, areas of ingress and egress, and all security camera locations.

ii. Lighting Plan. A lighting plan showing existing and proposed exterior and interior lighting levels that would be the minimum necessary to provide adequate security lighting for the use.

iii. Copies of the applicant’s current M-License from the California Department of Cannabis Control.

iv. Odor Control Management Plan. All applications shall submit an adequate on-site odor control

management plan such that all odors resulting from the storage or transport of cannabis and cannabis-related products cannot be readily detected from outside of the structure or vehicle in which the business operates.

v. Safety and security plan.

vi. Sensitive Uses Information. The names and addresses of all libraries, schools, religious worship

institutions, youth activity centers and day care centers and parks within 500 feet as measured from the property lines of a proposed facility. For business condominiums, this measurement would be taken from the outer boundaries of the common parcel where the structure is located and not from the building.

c. Background Check. All owners, operators, partners, investors, employees, and agents must submit to a background check.

d. Operational Requirements.

i. All requirements of the state shall be met at all times, except where local requirements apply.

ii. All business operations must be conducted in conformance with the approved medicinal cannabis delivery service license and all approved plans included therewith.

iii. A city business license shall be obtained prior to operation and maintained in good standing during the entirety of operations.

iv. City Permits. A medicinal cannabis delivery service shall secure all necessary building permits and be required to comply with applicable building, fire, mechanical, and plumbing codes, and state and federal disability access laws.

v. Dimensions. The cumulative size of all structures associated with a medicinal cannabis delivery service shall not exceed 3,000 square feet of gross building area.

• vi. Visibility and Signs.

A. No cannabis or cannabis products may be visible from outside the medicinal cannabis delivery service’s fixed location or any delivery vehicles.

• B. Signage shall be limited to one wall sign consisting of the property address only and meet the requirements of Murrieta Municipal Code § 16.38.120.J. – Wall Signs.

• C. Signs shall contain no advertising of other companies, brands, goods, or services, or of this use.

vii. Hours of Operation. Medicinal cannabis delivery services may only operate during hours authorized by their state license and the Department of Cannabis Control regulations.

viii. Food Products. Medicinal cannabis delivery services shall comply with all state laws and regulations with respect to edible products.

ix. Odor Control Requirements.

A. All medicinal cannabis delivery services shall incorporate and maintain adequate on-site odor control measures pursuant to an approved odor control management plan such that the odors as a result of storing or transport of cannabis and cannabis-related products cannot be readily detected from outside of the structure or vehicle in which the business operates.

B. The plan shall incorporate the following elements: filtration system(s) for air purification with a minimum efficiency reporting value (MERV-13) rating or greater, polarized filters with activated carbon inserts, carbon scrubbers, ozone generators, electrostatic air curtains, circulation fans, training measures for employees, and a maintenance log and schedule.

x. All business activities may only occur in a permitted, fully enclosed and secure structure.

xi. Delivery shall be only to qualified medicinal cannabis patients or their primary caregivers who possess a valid identification card as described in California Health and Safety Code § 11362.7.

xii. Inspected Products. Each medicinal cannabis delivery service shall deliver medicinal cannabis products only after those products have been inspected and quality tested by a qualified third-party testing facility as required by applicable state laws.

xiii. Labeling and Packaging. Prior to sale for a delivery, medicinal cannabis products shall be labeled and placed in tamper-evident packaging. Labels and packages of medicinal cannabis products shall, at minimum, meet the requirements specified under applicable state laws.

xiv. Product Tracking System. Medicinal cannabis delivery services must be compliant with and participating in the state mandated California Cannabis Track and Trace system.

xv. Recordkeeping Requirements. Medicinal cannabis delivery services must comply with Department of Cannabis Control recordkeeping requirements.

xvi. Prohibited Activities.

A. On-Site Sales and Pick-Up Orders. Medicinal cannabis delivery services shall only conduct sales through delivery. On-site sales or order pick-ups are prohibited.

B. Cannabis Paraphernalia Sales. Medicinal cannabis delivery services shall not sell, deliver or advertise for sale any products other than medicinal cannabis or medicinal cannabis products.

C. Sales or delivery to other cannabis businesses (other than to other delivery locations owned by the same entity) is prohibited.

D. A medicinal cannabis delivery service shall not grow, cultivate, manufacture, or process cannabis.

E. No person shall cause or permit the sale, dispensing, or consumption of alcoholic beverages or cannabis at or within 200 feet of the physical address location of a medicinal cannabis delivery service.

F. No loitering shall be permitted within 50 feet of the exterior walls or within the parking area of any medicinal cannabis delivery service.

• e. Permitted Locations.

• i. A medicinal cannabis delivery service shall be a permitted use in the Business Park (BP) Zone.

ii. A Medicinal Cannabis Delivery Service (Physical Delivery Logistics Location) shall not be located within 500 feet of a sensitive uses, or any other medicinal cannabis delivery business location. Distance specified in this subsection shall be measured by the horizontal distance measured in a straight line from the property lines of where the delivery-only medicinal cannabis operator is to be located to the property line of the potential sensitive use. For business condominiums, this measurement would be taken from outer boundaries of the common parcel where the structure is located and not from the building. Sensitive uses for purposes of this Section include:

• A. Residential zones or private residences.

• B. Public or private schools.

• C. Daycare centers.

• D. Churches.

• E. Public parks.

• F. Youth activity centers.

• G. Large medical centers.

• H. Any other medicinal cannabis delivery service business.

• f. Screening, Safety, and Security Requirements.

• i. No public access is allowed within the premises.

• ii. Outdoor vehicle storage shall be provided in a secured area with screening methods as provided under §

• 16.44.130.A “Outdoor Storage Areas” of the Murrieta Development Code.

iii. Secured Site Access. All exterior vehicle parking areas shall be gated and secured. Any gate or barrier across a fire access roadway must meet the Murrieta Fire and Rescue requirements and have specific plans and permits approved prior to installation. A Knox brand key-operated electric key switch keyed to Murrieta Fire and Rescue specification are required. The Knox switch shall override all gate functions and open the gate. Other access control systems, such as Opticom, are required and must be installed as directed by the fire marshal and chief of police.

iv. Surveillance Systems. Security surveillance cameras and video recording systems shall be installed, and maintained in good condition, to monitor the entire interior (except bathrooms), main entrance, and exterior areas, including parking areas, of all medicinal cannabis delivery Service physical locations to discourage loitering, crime, and illegal or nuisance activities. The areas to be covered by the security cameras include, but are not limited to, the storage areas, secured parking areas, delivery areas, all doors and windows, and any other areas as determined by the city manager or the city manager's designee. The cameras shall be in use twenty-four (24) hours per day, seven (7) days per week. The camera and recording system must be of adequate quality, color rendition, and a minimum of resolution at eight (8) megapixels per foot at the point of focus to allow for the identification of any individual present in the fixed locations of delivery-only medicinal cannabis operations. Any disruption in security camera images should be cured expeditiously.

v. Security Video Retention. Video from the security surveillance cameras shall be maintained for a period of not less than thirty (30) days and shall be made immediately available to city representatives upon request.

vi. City Surveillance System. A medicinal cannabis delivery service permitted under this section may elect to purchase all necessary equipment to integrate their video surveillance system into any comprehensive video surveillance system currently in place or implemented by the city.

vii. Alarm System. A third-party and centrally monitored fire, robbery, and burglar alarm system shall be installed and maintained in good working condition at the premises.

viii. Right of Inspection. All vehicles and facilities permitted pursuant to this section are subject to inspection by city personnel any time the medicinal cannabis delivery service is in operation. Prior notice of an

inspection is not required.

ix. Secure Storage. The use of the facility shall be limited to the storage of medicinal cannabis and medicinal cannabis products solely within a secured, isolated interior environment. All medicinal cannabis and medicinal cannabis products shall be kept in a secured manner during business and non-business hours. Each medicinal cannabis delivery service shall have locked storage at the fixed location for after-hours storage of cannabis and cannabis products. Medicinal cannabis shall be stored in secured rooms, with limited or keycard access, that are completely enclosed or in a safe that is bolted to the floor. Additional details for creating security storage design can be located within “Law Enforcement Evidence and Property Management Guide”, Fourth Edition, 2022, produced by POST Management Counseling and Projects Bureau, California Commission On Peace Officer Standards And Training.

x. Panic Hardware. All entrances and exits of the medicinal cannabis delivery service shall remain locked at all times from outside entry, with entry strictly controlled. All exit doors leading from the facility shall be installed with listed and city approved panic hardware; shall open out, towards the direction of egress; shall be equipped with a listed and approved self-closing mechanism; and shall be equipped with a sealing gasket around the door.

xi. Disposal Requirements. No on-site disposal or composting of cannabis waste is allowed. Use of an authorized third-party waste hauler is required, whom shall be city approved, and approved under the applicant’s waste management plan by Department of Cannabis Control.

xii. Report of Violations. Within 24-hours, the operator shall notify the chief of police of any actions taken by the Department of Cannabis Control to revoke, suspend, or deny an applicant’s ability to operate, including the issuance of a notice to comply, or issuance of a citation.

xiii. Designated Security Liaison. The licensee shall designate a security representative/liaison who can meet with the chief of police or designee regarding any security-related measures and/or operational issues.

g. Delivery/Delivery Vehicle Requirements.

i. GPS Tracking of Vehicles. All delivery vehicles shall be equipped with a Global Position System, hereinafter referred to as “GPS” tracking devices. Data from the GPS tracking system shall be retained for a period of thirty (30) days. GPS data shall be made available to the police department upon request.

ii. Product shall be stored during transport in secure safes.

iii. No product shall be allowed to remain in vehicles without an employee present in the vehicle.

iv. Delivery vehicles shall be stored in approved secured and screened vehicle parking/loading areas only.

v. No publicly accessible parking shall be allowed. Parking areas shall be limited to employee use only.

vi. All delivery vehicles shall be registered with the police department.

vii. A direct communication system between the medicinal cannabis delivery service operator and each driver is required.

viii. In-Transit requirements.

A. Only owners, operators, or employees of the medicinal cannabis delivery service may be present in vehicles during deliveries.

B. No more than the maximum amount of medicinal cannabis permitted under state law in total value of product and cash may be transported at any one time in an individual vehicle during deliveries.

C. Delivery vehicles may only travel between fixed locations of the medicinal cannabis delivery service and the residential addresses specified by customers while transporting medicinal cannabis and/or medicinal cannabis products.

D. All delivery drivers shall carry valid identification and proof of employment at a licensed medicinal cannabis delivery service.

E. All delivery drivers shall carry a copy of the medicinal cannabis delivery service regulatory permit, a copy of the delivery request, a form of government-issued identification, and all other information required by state

law. The driver shall present these documents upon the request of law enforcement, the city manager, or the city manager's designee.

F. All drivers shall carry an inventory log of medicinal cannabis and medicinal cannabis products being transported.

G. Delivery drivers shall be trained in the process for verifying that medicinal cannabis and medicinal cannabis products are delivered to qualified patients and adult-use customers and that the delivery drivers are trained in the proper usage of medicinal cannabis.

H. Medicinal cannabis and medicinal cannabis products may be transported by one medicinal cannabis delivery service’s physical address location to another medicinal cannabis delivery service’s physical address location if the state licenses for both locations are held by the same licensee.

ix. Vehicle Signage. Due to the potential for the targeted theft of high-value products as contained within a delivery vehicle, and in order to protect the public’s safety and welfare, there should be no vehicle signs or wraps identifying the business, or advertising products related to the business or industry-related products/services.

• h. Owner, Operator, and Employee Requirements.

i. All owners, operators and employees must be twenty-one (21) years of age or older.

ii. All owners, operators and employees are subject to a criminal background search.

iii. Convictions. No owner, operator, investor, partner, employee, or agent of a medicinal cannabis delivery service shall have been convicted of a felony or crime of moral turpitude nor has been found by any state or local jurisdiction to have committed a violation of the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA). The chief of police reserves the right, in his or her sole discretion, to waive this requirement in relation to violations of MAUCRSA, in the event that he or she determines that the violation of MAUCRSA was minor in nature and would not undermine the safe and effective operation of the proposed business in accordance with applicable laws.

d Adult-Use Cannabis Regulation and Safety Act (MAUCRSA). The chief of police reserves the right, in his or her sole discretion, to waive this requirement in relation to violations of MAUCRSA, in the event that he or she determines that the violation of MAUCRSA was minor in nature and would not undermine the safe and effective operation of the proposed business in accordance with applicable laws.

iv. Owner/Employee Rosters and Notice of Change. Prior to a change in ownership or employees, the chief of police shall be notified. New ownership and/or employees shall be subject to a background checks prior to commencement of employment, or prior to any change in ownership.

i. Revocation. Any violation of this section, any other provision of this code or state laws relating to cannabis may result in the suspension or revocation of the license issued pursuant to this section.

j. Appeals. Any decision made pursuant to this section may be appealed in accordance with Chapter 2.28 of this code.

D. Public Nuisance. Any violation of this chapter is hereby declared to be a public nuisance and subject to abatement under the laws of this municipal code and the State of California.

E. Violations. Any violation of this chapter shall be punishable as provided in § 1.32.010 of this municipal code or any successor section thereto.

F. Conflicting Provisions. If any other provisions of the municipal code conflict with the provisions of this chapter as it relates to the regulation of land use related to cannabis, this chapter shall be controlling.

G. Severability. If any section, subsection, sentence or clause of this chapter is for any reason, held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter.

(Ord. 610-24 § 16, 2024; Ord. 602-24 § 3 (part), 2024; Ord. 548 § 1, 2019; Ord. 507 § 3, 2016)

A. Purpose. The purpose of this chapter is to establish the locational regulations for the use of privately owned single-family residential dwelling units and condominiums to minimize the potential adverse secondary effects of such

uses on surrounding neighborhoods, to prevent the increase and over concentration of transient uses in residential neighborhoods and zoning districts, impose reasonable limitations to ensure the long-term availability of housing stock in compliance with the housing element of the city’s general plan, and ensure neighborhood compatibility with short-term vacation rentals under the framework of the Development Code. See, also, Chapter 5.27 (Short-Term Vacation Rentals) of this municipal code for additional requirements and definitions, as well as, Section 16.110.020 (Definitions of Specialized Terms and Phrases).

B. Location and Applicability.

1. Hosted short-term vacation rental units shall be permitted in the following zoning designations: RR, ER-1, ER-2, ER-3, SF-1, SF-2, MF-1, and MF-2, and MF-3, subject to compliance with the below criteria:

a. There is capacity for the subject hosted rental unit under the citywide maximum limit of three hundred (300) STVRs; and

• b. The hosted rental unit meets all of the applicable requirements contained in this Title 16 and Chapter 5.27 of

the Murrieta Municipal Code, as well as all other applicable laws, rules and regulations; and

• c. Hosted rental units are prohibited in all other zones within the city limits.

2. Non-hosted short-term rental vacation rental units shall be permitted in the following zoning designations: RR, ER-1, and ER-2, subject to compliance with the below criteria:

• a. Within the ER-1, and ER-2 zones:

• i. No non-hosted short-term vacation rental unit shall be located within three hundred (300) feet of another nonhosted short-term vacation rental unit; and

ii. The three hundred (300) foot separation distance shall be measured as a radial distance from all property lines of the subject non-hosted short-term vacation rental unit property.

• b. There is capacity for the subject non-hosted short-term vacation rental unit within the citywide maximum limit of three hundred (300) STVRs;

• c. The non-hosted short-term vacation rental unit meets all of the applicable requirements contained in this Title

• 16 and Chapter 5.27 of the Murrieta Municipal Code, as well as all other applicable laws, rules and regulations; and

• d. Non-hosted short-term vacation rental units are prohibited in all other zones within the city limits.

3. This Chapter shall apply only to privately-owned single-family residential dwellings and condominiums, as defined by Chapter 5.27. Detached permitted habitable structures may be permitted for use for short-term vacation rental purposes (Excluding: accessory dwelling units and junior accessory dwelling units).

4. Any person who rents or leases a single-family residential dwelling, condominium, apartment, or mobile home, shall not be permitted to use of said dwelling for short-term vacation rental purposes.

5. Publicly owned single-family residential dwellings, condominiums, apartments, mobile homes, and those dwellings that are subject to affordable housing covenants imposed or required by the city or any of its affiliated agencies, shall not be used for short-term vacation rental purposes.

6. Mobile or modular homes on leased property shall not be used for short-term vacation rental purposes.

7. Temporary occupancy vehicles, also known as recreational vehicles, inclusive of motor homes, travel trailers, truck campers, camping trailers, and park trailers, fifth-wheel travel trailers, house cars, trailer coaches, slide-in campers, trunk campers, tent trailers, with or without a motor, shall not be used for short-term vacation rental purposes.

8. Tents and similar shelters shall not be used for short-term vacation rental purposes.

9. Garages shall not be used for short-term vacation rental purposes.

10. Temporary use permits, including commercial filming permits, shall not be granted at residential locations with concurrent short-term vacation rental permits.

C. Cap Limitation. Consistent with the maximum number of STVR permits that may be issued by the city under Section 5.27.050 of this municipal code; the maximum number of STVR units that may operate in the city is three hundred (300).

D. Parking. Refer to Table 3-7 “Parking Requirements By Land Use” for operational aspects as it relates to shortterm vacation rentals and Table 5.27-01 “Short-Term Vacation Rental Occupancy Limits and Parking Requirements” for on-site parking quantities for short-term vacation rentals.

E. Signs. Refer to Section 16.38.050.C.7 (Short-Term Vacation Rental Temporary Signs) for requirements. (Ord. 561-20, Exhibit B (part), 2020)

A. Purpose. The purpose of this section is to retain land use authority over the licensing and permitting of land uses associated with massage within the jurisdiction of the City of Murrieta to:

1. Maintain the character, diversity and vitality of the city’s commercial areas and the quality of life of its residents;

2. Preserve the aesthetics of surrounding neighborhoods;

3. Ensure the proposed uses are compatible with adjacent areas and land uses;

4. Appropriately condition any known or anticipated impacts caused by the land use; and

5. Prevent the increase or over proliferation and over concentration of massage businesses within certain areas.

B. Definitions. The following are definitions of specialized terms and phrases used in this chapter. Definitions of general terms and phrases are located in Article VI of this Title 16. Any terms used in this chapter that are not specifically defined under this chapter or Title 16 shall have the same meaning as those definitions provided under Chapter 5.18.

1. Director shall mean the Director of Development Services or designee.

2. Massage shall mean the scientific manipulation of the soft tissues and any method of pressure on, friction against, channeling energy through, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the body, or other methods designed to create similar effects, to produce increased awareness, relaxation, pain relief, injury rehabilitation, or neuromuscular re-education. Regulations under this municipal code apply to all forms of massage, whether or not it is called massage and whether or not the massage is performed with the patron fully clothed, with or without the hands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances, or with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparations commonly used in this practice. For purposes of this definition, the terms “massage,” “massage therapy,” “bodywork,” or any other terms used within the massage industry shall have the same meaning. To “perform massage” shall mean the act of performing, providing, offering, delivering, dispensing, engaging in, or carrying on, or permitted to be performed, provided, offered, delivered, dispensed, engaged in, or carried on massage for any form of consideration whatsoever. Examples of massage include, but are not limited to, Swedish massage, sports massage, shiatsu, polarity therapy, rolfing, heller work, reiki, and reflexology. Massage does not include contact with specified anatomical areas, as defined by and prohibited under this municipal code.

, provided, offered, delivered, dispensed, engaged in, or carried on massage for any form of consideration whatsoever. Examples of massage include, but are not limited to, Swedish massage, sports massage, shiatsu, polarity therapy, rolfing, heller work, reiki, and reflexology. Massage does not include contact with specified anatomical areas, as defined by and prohibited under this municipal code.

3. Massage accessory use shall mean any establishment having a fixed place of business within the city where any person performs massage either permanently or temporarily in conjunction with a primary permitted land use, and the area where the massage occurs covers less than twenty percent (20%) of the gross square footage of the primary permitted land use. Massage accessory use shall be required to obtain a massage accessory use permit and shall be subject to the massage operating requirements under Chapter 5.18 and Title 16 of this municipal code, unless expressly exempted.

4. Massage establishment shall mean any establishment having a fixed place of business located within the city where any person performs massage. A massage establishment shall be required to obtain a massage establishment permit and shall be subject to the massage operating requirements under Chapter 5.18 and Title 16 of this municipal code.

5. Residential massage establishment shall mean a massage establishment legally operating in a residence in the city as of October 2, 2021, that continuously operates in the residence with a current, valid and authentic massage establishment permit, business license and home occupation permit issued by the city, and all other necessary approvals, and that operates in compliance with all local, state and federal laws, ordinances, rules and regulations. C. Land Use/Zoning Regulations. Businesses where massage is performed as massage establishments, as a massage accessory use, and as a residential massage establishment and shall be subject to the following, in addition to all other requirements contained in Chapter 5.18 and Title 16 of this municipal code and by law:

6. Permitted zone limitations.

a. Massage establishments as a primary use shall meet the following criteria:

i. Are limited to the zones as detailed within Table 16.10 “Use Table For Commercial Zoning Districts”, the Downtown Murrieta Specific Plan Area Zone – MU (Mixed-Use) designation, or certain MU (Mixed-Use) Zones and, or, Commercial Zones in specific plans as determined by the Director.

ii. Are located within areas which function as a commercial land use and is developed as a shopping center, subject to the regulations, site specific standards and provisions of the below criteria and development code. A shopping center for the purpose of this subsection shall possess commercial land use controls, in the form of common lease, common area maintenance agreements for landscaping and parking areas, reciprocal easement agreements for ingress, egress and parking of vehicles, recorded declarations of covenants, conditions and restrictions defining the responsibility of landlord and tenant concerning the standards for the operation and maintenance of the center, or similar rules and regulations intended to preserve the integrity of such a center.

b. Business locations where massage is performed as a massage accessory use with required associated primary land use function, shall be permitted with limitations:

i. As referenced under Table 16.08-1 “Use Table For Residential (Single-Family) Zoning Districts”, Table 16.10 “Use Table For Commercial Zoning Districts”, Table 16.08-2 “Use Table for Residential (Multi-Family) Zoning Districts”, Table 16.10-1 “Use Table For Commercial Zoning Districts”, Table 16.11-1 "Allowable Uses And Permit Requirements For Office Districts", Table 16.12-1 "Use Table For Business Park And Industrial Districts", Table 16.13-1 "Allowable Uses And Permit Requirements For The Innovation Zoning District", and Table 16.14-1 "Use Table For Special Purpose Districts."

ii. Within the Downtown Murrieta Specific Plan Area Mixed Use (MU) land use designation. To qualify it shall provide for a barber shop, beauty salon, tanning salon, hotel, day spa, indoor recreation (health and fitness center), or offices (medical). Within the Civic/Institutional (C/I) land use designation it shall be limited to locations which provide offices (medical), hotels, or indoor recreation (health and fitness centers). Within the Rural Residential (RR), Residential – Single Family 1 (RS-1), and Residential Single-Family – 2 (RS-2) land use designations it shall be limited to locations which provide for residential care homes (up to 8), or residential care homes (up to 14).

iii. At specific plan locations that contain a commercial, and, or, mixed-use land use component. These areas would need to permit beauty and barber shops, tanning salons, health and fitness centers, hotels, medical services – offices, clinics and laboratories, medical services – hospital, assisted living/skilled nursing, recreational facilities, skilled nursing – short-term or similar primary uses as determined by the director. For residential land use locations within specific plans, it shall be limited to assisted living/skilled nursing, skilled nursing – short-term and similar primary uses as determined by the Director.

es, clinics and laboratories, medical services – hospital, assisted living/skilled nursing, recreational facilities, skilled nursing – short-term or similar primary uses as determined by the director. For residential land use locations within specific plans, it shall be limited to assisted living/skilled nursing, skilled nursing – short-term and similar primary uses as determined by the Director.

c. Residential massage establishments shall be limited to existing residential locations within the Single-Family 1 (SF-1) zone and within the Downtown Murrieta Specific Plan Single-Family 2 (SF-2) land use designation. Locations shall be limited to existing locations and only be permissible as a legal non-conforming use pursuant to the provisions of Section 5.18.060.

• d. Massage establishments, massage accessory uses, residential massage establishments shall not be permitted in any other zones within the jurisdiction of the city.

2. Distance limitation. A massage establishment, as a primary use, shall be located no fewer than 1,000 (one thousand) feet from another massage establishment (established as a primary use) existing as of October 2, 2021, as measured in a straight line, without regard to intervening structures, from the property line of one massage establishment to the property line of the other massage establishment. Any existing massage establishment, which is located within 1,000 (one thousand) feet of another existing massage establishment as of October 2, 2021, is not required to relocate but is subject to all other provisions of this ordinance for the continued operation and/or transfer of ownership of the massage establishment. If any existing massage establishment desires to change locations after October 2, 2021 to another location less than 1,000 (one thousand) feet from another massage establishment, the relocation shall be subject to all other land use and zoning requirements under this development code, and compliance with this distance limitation is subject to the discretion of the director. This limitation shall not apply to businesses where massage is performed as massage accessory use, or to residential massage establishments, as those terms are defined under this development code.

ent, the relocation shall be subject to all other land use and zoning requirements under this development code, and compliance with this distance limitation is subject to the discretion of the director. This limitation shall not apply to businesses where massage is performed as massage accessory use, or to residential massage establishments, as those terms are defined under this development code.

3. Cap limitation. The maximum number of massage establishments as a primary use within the jurisdiction of the City of Murrieta shall not exceed one (1) massage establishment per every 5,000 (five thousand) inhabitants of the city. For purposes of this section, the total number of inhabitants of the city shall be determined by the most current published data available from the California State Department of Finance, as of the date an application for a massage establishment permit is filed. This limitation shall not apply to the following businesses: (i) businesses where massage is performed as massage accessory use, as that term is defined under this development code; (ii) residential massage establishments, as that term is defined under this development code; or (iii) any existing massage establishment so long as there is no lapse in the timely renewal of a city business license and/or massage establishment permit as required under Title 5 of this municipal code.

4. Existing massage establishments – legal, non-conforming use. Existing massage establishments that do not comply with the land use and zoning limitations imposed upon new massage establishments under subsections C.1, C.2 and C.3 of this section as of October 2, 2021 shall be considered a legal, non-conforming use. Such existing massage establishments shall be required to comply with all other applicable local, state and federal laws, ordinances, rules and regulations, including, but not limited to, Chapter 5.18 of this municipal code and this development code.

5. Compliance with laws. The owner, operator and manager, as those terms are defined under Chapter 5.18 of this municipal code, of any massage establishment, residential massage establishment, or business where massage is performed as massage accessory use, shall also comply with all applicable local, state and federal laws, ordinances, rules and regulations as they may be amended from time to time, including, but not limited to, California Business and Professions Code sections 4600 et seq. (Massage Therapy Act), California Government Code sections 51030 et seq., this Development Code and Title 5 of this Municipal Code.

(Ord. 565-21, Exhibit B (part), 2021)